Research On The Regulations Of The Operation Behavior Of Non-Practicing Entities In China

The Non-Practicing Entities is a product of the patent system and the market economy system.Its operating behavior has affected both positive and negative aspects of scientific and technological innovation,market competition,social public welfare,and interest balance mechanisms.The foundation has created challenges and needs to be corrected.Law is one of the important ways to rectify the operation behavior of the Non-Practicing Entities.With the further advancement of innovation internationalization,patent securitization,and patent transaction expansion,how should we use laws to regulate the operation behavior of Non-Practicing Entities and eliminate the friction between technological innovation and patent protection systems? This is an important issue that requires the common attention of academic and practical circles at home and abroad.This paper mainly uses the existing practices in the United States,South Korea,Japan,and Taiwan region as a research sample,and uses research methods such as literature analysis,comparative analysis,and logical analysis to systematically explain how the Non-Practicing Entities’ operating behavior should be carry out legal regulation.Among them,the basic path of the legal regulation of the operation of Non-Practicing Entities in China is mainly studied.It is pointed out that the operating behavior of Non-Practicing Entities in China’s legal regulations should be based on the national innovation-driven strategy,uphold the concept of innovation,follow the principle of balance of interests,and pay attention to safeguarding industrial and national interests in continuous improvement of legislation,judicial improvement,and amend administrative law enforcement.The main research conclusion of this paper lies on the perspective of the patent system for the purpose of promoting innovation and development.This paper corrects the existing research that simply adopts a one-size-fits-all attitude of encouraging or prohibiting Non-Practicing Entities.This paper demonstrates that Non-Practicing Entities are neutral in themself.Only when it acts as a patent owner to put patents into operation,can it identify whether its operation should be encouraged or prohibited from the impact of the operation on the patent market.This paper also gives suggestions for improving the legal regulations from the aspects of legislation,justice and administration.