Clean Energy Of Patent Pool And Its Anti Monopoly Law Regulation

The problem that Patent pools caused by monopoly legal regulation is an importantpart of anti monopoly law system. In order to effectively control the patent pools, becausethat the patent pools may bring monopoly problems. There is developed more elaborateand perfect law system in western countries. The research that on the legal system also hasa long history and rich achievement, have been more mature development.In recent years, China ’s clean energy industry development is swift and violent. Thesolar energy industry, solar thermal industry that rely on the national capital, developingexpands quickly, but PV industry needs to give aid to it,then it is expected to overtake theother countries. At present, about the patent Union antitrust rules are vague in ourcourtry,no specific measures. In this article, learn the basis of the legal system from theWest, pay more attention to issues that clean energy patent pools may trigger themonopoly problems,as well as its own energy saving, conform to the public interests,trying to use anti-monopoly law regulate and immune the clean energy Patent pools.In this paper, my basic and logical structure is bellow as: the first chapter is abiutthe patent pools, from patent pools concept, classification, function and features, analysisof patent pools both sides, promote and impede competition. The first half of the secondchapter: Intrpduced clean energy technology and patent of solar energy industry in ourcountry in the current situation, should be choose the strategic that build a sharingmechanism of clean energy patent. Analyzes the patent pools and the value of anti--monopoly law consistency and potential conflict in the second part. Obtained theargument that it isnecessity and rationality by antitrust law regulate the clean energyPatent pools.The third chapter is the key chapter, on clean energy patent pool antitrustanalysis, enumerated rights abuse behavior of specific properties, analysised the sintuationis must be exempted by anti-monopoly law regulate clean energy Patent pools----in order to servce the public interest and without causing obstructing competition situation, carrieson the immunity policy.The fourth chapter forward several thinks and suggestions onclean energy Patent pools anti monopoly laws, including how to build clean energy patentpools and review the pools licenses.