Research On Regulating Patent Pool Abuse By Antitrust (Competition) Law

IP protection is one of functional systems that stimulate technological development and economic improvement. On the other hand, more and more IP disputes show us a new issue that patentees may abuse their legitimate monopoly to limit competition in both domestic and international markets. In China, there is no mature antitrust law which may effectively regulate patent pool abuse. More and more cases may require the administrative and juridical authorities to consider both IP protection and public interests.The thesis will be conducted by multi-methods including but not limited: Take a good advantage of the foreign and domestic resources of patent pool abuse, including antitrust legislation and juridical practice related to limit patent pool abuse in United States, European, Japan, and other countries, combined with the legal practice and academic research in China. Intensively lucubrate in the activities of patent pool abuse, and look for useful experiences which may assist China Government to create an antitrust legal system to limit patent pool abuse. Based on the materials prepared, compose this thesis.