The Research On Anti-monopoly Regulation Of Patent Pool

With the economic times,there are a large number of overlapping obstacles of a patent in the commercial production process, many producers need the right to license the patent ,at this time to improve the efficiency of it is particularly important.The patent pool initial1y rooted in the need of enhancing the patent license efficiency,afterwards along with more and more important function of the intellectua1 property in market competition,the association of the patent poo1 and the standardized strategy produces huge economic benefit and the market controlling power.The United States and other developed countries fully concern patent pool of development and regulation : more than 10 years ago from the United States Supreme Court's jurisprudence, to the 1990's the famous "intellectual property licensing guidelines for anti-monopoly", and then to the U.S. Department of Justice of Business Review Letter, the U.S. has accumulated a wealth of experience in the theory and practice of patent pool anti-monopoly regulation.The DVD Event that 3C and 6C of patent pool are attacking the Chinese market,vicissitude of our country's DVD industry shows that it is helpful to the development of our country's correlated industry to research mu1tinational corporation's patent pool.Fortunately, we have begun to realize that this issue, the Intellectual Property Bureau in November 2005 launched a research project that focus on the system of patent pool to conduct in-depth research.People's Republic of China anti-monopoly law in the August 30, 2007 introduced,for the monopoly of the field of intellectual property regulation, article 55 of this Act has done a principle that "the businesses accord with the relevant laws and administrative regulations in the intellectual property rights acts, this Act does not apply ; However, the businesses abuse intellectual property rights and restrict competitive conduct, the application of this Act." China should establish" anti-monopoly law "as the core of anti-monopoly regulation system of patent pool.How to apply "anti-monopoly law" to regulate of monopoly of patent pool, the developed countries of anti-monopoly regulations of patent pool is first step,we may learn from the experience of regulations the United States patent pool, apply the "anti-monopoly law" to regulate patent pool.