Anti-Monopoly Regulation On The Abuse Of Patent Rights

The biggest feather of patent right is monopoly. Patent right is a legitimate monopoly, so it's a generally applicable as an exception to antimonopoly law. But patent right possibly makes the proprietor hold a dominant market position, some proprietor of patent right may abuse the dominant market position, thus give rise to anticompetitive impacts and violate antimonopoly law. Antimonopoly law is one of the restrictions against the abuse of patent rights.Based on the analysis and appraisement of the theories of patent law and antimonopoly law, this thesis discusses the interaction of antimonopoly regulations and patent rights. This thesis focuses on the study of on antimonopoly issues of patent rights, with a comparative study on American and European Union's regulations.The main discussion is divided into three parts.In chapter 1, firstly, I introduce the concept and characteristics of patent right and the abuse of patent right. Then I introduce the legal restrictions on the abuse of patent right. Then I discuss the necessity and feasibility of regulating on the abuse of patent law by antitrust law.In Chapter 2, I compare the antimonopoly restrictions on the abuse of patent rights in America and the European Union, then I discuss the inspiration after the comparative studies.In chapter 3, I describe China's legislation on antimonopoly in the realm of patent right. I analyze the shortcomings in the present legislation and give suggestion on the improvement of the antimonopoly restrictions on the abuse of patent right in China.