Study On The Regulation Mode Of Patent Misuse From The Perspective Of Patent Law And Antitrust Law

The patent system is to stimulate innovation and protect inventions, but Patent is essentially a private right of monopoly. While patents are used exceeding the scope of legal authority, or restricting competition and technology, it will betray the mind of patent law to give creator the exclusive right, and even produce a patent misuse. Today, under the developed market economies, E.U., U.S. and other developed countries pursue patent strategy actively. They occupied the high ground of technology market, and then set patent technology barriers to put pressure on Chinese companies. Chinese companies suffered huge losses for misusing of patents of multinational companies, such as the famous6C alliance claims royalties case, Cisco v. Huawei case, Wenzhou Lighter event, Sony battery case, etc. In these cases, because of high royalties, our manufacturers must drop production or be forced to remove license agreements, into a debt crisis. It reflects the lack of theoretical study and judicial practice in the patent regulation of patent misuse. Thus, this paper is committed to study the regulation of patent abuse problem mode, from the Perspective of Patent Law and Antitrust Law.Apart from the introduction and conclusion, this paper is divided into four parts.Chapter I:the question of patent misuse. First, this chapter discusses the possibility of patent misuse, in theory. Then, I analysis patent misuse-prone in international trade, in the era of knowledge economy, and it’s complexity of the legal regulation, by Windsurfing case and the Rambus case. On this basis, lead to the domestic market and Chinese enterprises to participate in international competition, patent misuse cases encountered. Finally, pointing out that how to effectively regulate patent misuse has been the focus of attention of the international community, by a brief description of the relevant legal practice of patent misuse in U. S., E.U., and CHA.Chapter II:Association of patent law and antitrust law. This chapter begins by applying the method of historical research, and analysis the different attitudes between Antitrust Law (when it was born) and patent law. In order to establish a research basis, I demonstrate the conflict and coordination in function of patent law and antitrust law, from different perspective. Chapter Ⅲ:comment the mode of patent misuse regulation in U.S. and E.U. This chapter, I used the methods of comparative and empirical, with classic cases, to research main type of patent misuse and their legal regulation in E.U. Afterwards, by pointing the differences and convergence between the two regulatory modes, I think that patent, in E.U. and U.S., is not only a private right used in business, but also a mean to maintain national competitiveness in international trade, which lead it a characteristic of public power. Thus, the study of the regulation of patent misuse should consider the impact of economic background, national policies, the degree of market development and legal traditions and other factors.Chapter Ⅳ:the thoughts of patent misuse regulation mode. This chapter, I review our present legal situation in the field of patent misuse, and analysis the reasons. Through it, I establish our pattern of patent misuse from a unique perspective, which considers three factors:the national patent policy, the degree of market development, legal traditions. Finally, I analysis the main forms (which has occurred or may occur) of patent misuse in our market, and demonstrate regulatory measures for each form. The ultimate aim is to useful suggestions for theoretical research and legal practice.This paper is based on the analysis and demonstration in the process:Not entangle in the definition of the concept of patent misuse, but research from domestic and international examples of patent misuse; Not focus on describing differences of mode of patent misuse between U.S. and E.U., but make judgments on their convergence and deep-seated reasons; Not only concern about the private of patent law, but also point out the policy of patent law, when it achieves national strategy; Not focus on the scarcity of legal system in patent misuse, but seize the fundamental cause, national policy, which leads to inaction in the field of patent misuse; Not make recommendations as a whole, but aim at main forms of patent misuse which has emerged or will emerge in our local market.