Anti-Monopoly Regulation On The Combination Of Patent Pool And Technical Standards

Recently, many lawsuits highlighted by the monopolistic patent pools and technical standards in China have frequently occurred, which have already attracted people's attention and triggered a considerable ponderings on these. The article tries to analyze the monopoly problems of patent pools in the view of the both of patent pools and technical standards. The article consists of three parts .Chapter one introduces the basic theory of patent pools and technical standards, including the connotation,category,function,latest trend,cause analysis and practical examples, which have laid great foundation for the following researches. In this article, it has two purposes, the first purpose is to clear the relation between the patent pools and the technical standards and explain the inevitability of the combination of the two; the second is to specify characteristics behind the combination: the increasing of the possibility of intellectual property rights abuse and other restrictions of competition.Chapter two mainly analyses the monopoly problem resulted by the combination of patent pool and technical standards. Due to limited content and the research direction choice, the first priority of the article is to deal with the causes of monopoly and its demonstration as well as to discuss the necessity to regulate it, especially, to analyze certain monopoly conditions and behaviors. This article has concluded several monopoly behaviors probably occurred after the combination of patent pools and technical standard, and classified them into the legislation of anti-monopoly to discuss, for example the category of the abuse of dominant market position, the longitudinal or horizontal joint restrictions of competence, and etc.chapter three concentrates on anti-monopoly regulation of the combination of patent pool and technical standards. Section one analyses deficiencies of Chinese Anti-monopoly regulation in these area, and paves the way for the following discussion. The section two analyzes the 1995《Antitrust Guidelines for the Licensing of Intellectual Property》of America and 2005《Guidelines on standardization and Patent pool》of Japan, from which the author comes out her suggestion for legislation in patent pools and technical. The last section is the conclusion of the whole paper, it attempts to give advises to the Chinese government and enterprises in planning the establishment and development of the standardized strategy in related areas, hopping to help the expansion and regulation in these area.