The Anti-monopoly Regulation Of Tie-in Sale In Patent Pool

As a concept of centralized management,patent pool is a complex form of patent license,with the characteristics of multi-party and cross-sectional,and often adopts the application mode of "package license".Such characteristics make the constructed joint venture cover a wide range of influence,on the one hand,it has the positive effect of costs saving,is conducive to prevent the occurrence of patent infringement in the process of new technology research and development,giving developers greater freedom of activity,can solve their worries in technological innovation.However,on the other hand,the mode of "package" license makes the patent pool itself a kind of tiein selling behavior,and combined with such a complex pool way,it is easy to lead to monopoly or limit competition and other negative effects.There is no doubt about the value of this licensing method in the market,and not all tie-ins lead to monopoly.Based on the standard of whether there is monopoly phenomenon or serious restriction of market competition,the analysis of tie-in behaviors in different types of patent pool is the first step to regulate them by law,and it is the only way to make up the "congenital deficiency" of patent pool.This paper consists of three chapters.The first chapter is an overview of the tie-in behavior in patent pool,starting with the general tie-in behavior and the general tie-in behavior in patent license,it leads to the tie-in behavior of patent pool,which is more complex and broader in scope,and classifies the tie-in mode and the nature of patent right in patent pool.The second chapter is to identify the illegality according to the composition of the tie-in activity in patent pool.The tie-in activity that is deemed to be illegal should include at least three elements: the independent tie-in patent and tie-in patent,the licensor with dominant market position and the result that actually harms free competition.In patent pool,different types of tie-in patent have different effects on the market.Only by balancing the positive and negative effects can the illegality be finally determined,that is,the effect of tie-in on vertical competition in patent pool.The third chapter analyzes the regulatory path of tie-in in patent pool and makes clear the necessity and feasibility of anti-monopoly law to regulate tie-in in patent pool.Through the study found that the international mainstream national regulation mode is more reasonable "principle" as the central idea,and the regular of patent pool from advertising action mode should be based on the existing integrated into the "itself illegal principle",starting from the obstacles to exclude competition results thus formed the reverse result analysis,more in line with China's national conditions and more conducive to the implementation.