Research On Abuse Of Patent Pool And Its Measures

In recent years, with the emergence of patent pool and related patent pool litigation, The patent pool phenomenon began to draw people's attention. The use of patent as patent pools, can save transaction costs in the role of competition, and easily lead to abuse of patent. While the patent is a legal monopoly, the monopoly effects of patent pools is more strongly, thus it must be protected and restricted by law.The current regulatory system in our country to regulate the abuse of intellectual property rights is still not perfect. The birth of the "anti-monopoly law" made economic constitution have a basic code. It was a landmark event at the process of China's legal construction. However, because of China's "anti-monopoly law" has a lot of the principles and general provisions, as well as the inexperience of China's market economy, making our lack of anti-monopoly practices. In the relevant laws and regulations relating to the regulation system have some provisions directly or indirectly, but very fragmented, incomplete, unclear. Laws and regulations and coordination between the close is not enough; basic system is not completed. With the quantity of patent applications continues to increase, to explore the root causes of the abuse of patent pools, to increase regulation research is imperative.Many existing studies focus on the abuse of intellectual property rights, intellectual property rights restrictions, very few of the research on the abuse of patent pool and its legal regulation system. In this paper, with a theoretical,comparative analysis, by analyzing the reasons for the formation of patent pools, the pros and cons of patent pools, and the abuse of patent pool, we try to find legal Ways for our development of a patent pool. This article's first chapter introduces an overview of the patent pool, including the patent pool concept, characteristics, origin, etc. In addition, by analyzing the pros and cons of the use of patent pools, the abuse of patents in patent pools, we know the need to come to the legal regulations. Chapter II, analysis the current experience of legal regulation on patent pool abuse. Chapter III describes the use of our patent pool and regulations on the abuse of patent pool. Chapter IV makes recommendations to the legal regulations, and provides a solution to our enterprises.