The Research On The Abuse Of Patent Right In Patent Licensing

The patent right is a right to protect the legal right of the patentee.The patentee is permitted to exercise their rights under the law,which can encourage invention and creation.So the patent right is monopoly.When the patentee exercise their rights beyond reach of the law,they may be considered to abuse of the patent right.But the boundary of the exercise of the patent right are not clearly defined in the legal provisions of China.How to defined the abuse of the patent right is very controversial and difficult in the specific case.This paper combs the problem of the China's laws and regulations of the abuse of the patent right in patent licensing and the patent licensing fees in China,according to the case of “Qualcomm Monopoly” and the case of “Huawei v.IDC”.This paper also combs the foreign laws and regulations and some cases about the abuse of the patent right,and gives advice and suggestions to the China's laws and regulations of the abuse of the patent right in patent licensing.