Anti-monopoly Law Regulation On Patent Pool

In the knowledge economy era, intellectual property right especially patent right has become strategic weapon,in order to maintain their preponderant status in the fierce competition, and obtain rich profit. Patent pool as a new form of strategic alliance, it has some positive effects such as resolve "patent thicket",integrates complementary technologies,reduces transaction costs,prevent infringement disputes. But as a "cooperative competition" way, inherently it has anticompetitive potential. because the owners often abuse their rights to make profit, which destroyed the fair competition of market, that will make damages to the order of market. "DVD patent licensing fee incident" in 2002 draw our attention:Patent pool has become vanguard of developed countries which construct technology barriers and attack market competitive strength to Chinese indigenous enterprises. Therefore, besides enhancing the capability of independent innovation, using law regulate the illegal monopoly activities such as abuse of market advantage and restriction of competition and safeguard for our nation has become more and more important.The Antitrust Law of the People's Republic of China operated in 2008 has laid an important legal foundation for regulating patent pool. However, Intellectual property right itself is complex and principled of anti-trust law, Therefore,it is far from enough to have antitrust law regulate abuse of rights of Patent Pool. The existing law system which involves anti-monopoly is quite dispersible and not operational. So A series of anti-monopoly guideless and regulations become imperative.This dissertation mainly constitutes of five parts. Firstly, introducing basic theoretics of Patent pool. Through making a qualitative analysis, point out the essence of Patent pool, and then introduces the types and the cause of patent pool to enrich the concept.At the end of this part, through analyzing the economic effects of patent pool, positively and negatively to indicate that the competitive advantages should be fully used and anti-competitive effects should be regulated by law. Secondly, mainly expounding principle of the Anti-trust restriction for Patent Pool. Introducing theoretical foundation, which includes economics of law,philosophy of law,jurisprudence etc. And then introducing the necessity of Anti-trust law regulation of Patent Pool,which includes practice and law. Thirdly, researching legislation of US,Japan,EU in the realm of patent pool. Patent pool appeared in the United States firstly so introducing the historical development regulations of patent pool.Brief introductions to the regulations in EU and Japan competition law are also included in this part. Fourthly, concluding the factors that should be considered during the anti-trust review of patent pool which include the establishment of patent pool and the permission to others from references to foreign judicial practices. At last, putting forward some suggestions to regulating patent pool. Introducing the regulation and the shortcoming of the relevant existing laws regulating abuse of right in patent pool, and then Put forward some advices on how to consummate the antimonopoly legislation in patent pool, on how to execute the law.