Research On The Legal Regulation Of Non-implementing Patent Right Subjects

In recent years,China's emphasis on intellectual property has increased,the patent system has been continuously improved,and a large number of patents have emerged,providing fresh blood and development momentum for the development of China's high-tech industry.The purpose of using patent rights by market entities in the world has gradually shifted from the initial protection of their own intellectual property rights to various forms of patent rights,and many non-implementation patent rights have emerged.Although the legitimacy of Non-Practicing Entitiess has been controversial,it is undeniable that its influence is increasing.At present,the Non-Practicing Entities is still in the layout stage in China,in order to avoid the possible negative impact in the future,but we need to study how to regulate it.This paper is divided into five parts.The first part is the explanation of the research background and research significance as well as the research methods.The second part mainly introduces the concept of Non-Practicing Entities,and clarifies the scope covered by Non-Practicing Entities by analyzing several similar concepts,and classifies the Non-Practicing Entities on this basis.Summarize its behavioral patterns and the need for regulation.The third part introduces the current situation of the regulation of non-implementation patent rights in China from the perspectives of patent law,anti-monopoly law and litigation law,and refers to the shortcomings of China's regulation in the emergence stage.The fourth part introduces the extraterritorial experience of the typical countries of the United States,Europe,Japan,and South Korea in regulating non-implementation patent rights.It focuses on the relevant experience of the United States and compares and analyzes the regulatory methods of typical countries.Since China's experience in regulating non-implementation patent rights is relatively scarce,it is necessary to make up for its own shortcomings by drawing on the regulatory experience of other developed countries.The fifth part is based on the status quo of China's regulation and existing problems,and draws on the extraterritorial experience to propose perfect suggestions for the over-regulation of non-implementation patent rights from three perspectives:patent law,anti-monopoly law and litigation law.