Patent Abuse Of Antitrust Laws And Regulatory Research

In an increasingly competitive international market, global context, the patent has been more and more frequently by multinational companies as its supplanting our national companies competitive weapon, in order to maintain free and fair competition in the market order, the conduct of patent misuse Legal Regulation with a certain necessity, therefore, Chinese "anti-monopoly law", "Patent Law" and other relevant laws are different aspects from regulation.The author of Legal Regulation of Patent Misuse and Problems, based on the formation of this basic idea that the abuse of patent rights the patentee to exclude or restrict competition in the market constitutes a monopoly, it needs to conduct a necessary anti-monopoly law regulation, and our current "anti-monopoly law", "Anti-Unfair Competition Law" and other related legal provisions concerning patent rights abuses are more general, in principle, so we should learn from the U.S. and EU advanced legislation the basis of experience, combined with the specific circumstances of the Improvement of the Legal Regulation of Patent Misuse. This research focus is on improving the patent abuse of the concept of Legal Regulation, I believe that our intellectual property could be developed to adapt to the characteristics of anti-monopoly operating guidelines, the introduction of key facilities, to define the theory of patent abuse, and various aspects of Patent the right to abuse the legal liability system.This approach adopted a law and economics research methods, empirical research methods and comparative research methods, three main levels of expansion. The first chapter focuses on the performance of patent abuse (patent abuse can be divided into not enforcing patent rights, patents refused to permit such acts as tying) and its causes, and then analyzes the behavior of patent misuse of Legal Regulation significance. The second chapter focuses on the abuse of patent status of antitrust law and regulation problems, which found the relevant provisions of China's anti-monopoly law is too simple, the lack of maneuverability, the definition of abuse of patent rights is not clear, patent misuse the legal liability system has certain defects. The third chapter focuses on the abuse of our patent Improvement Legal Regulation, innovation is the key facility for patent misuse theory to determine whether the conduct constitutes a monopoly, the proposed dominant market share from the patentee, the importance of key patents significance to be judged in four areas to improve relevant antitrust law regulation to make it more scientific and reasonable.