Anti-monopoly Law Regulation Of Patent Pool Abuse

Patent pool is refers to two or more than two patents in some form will each have a patent license agreement to the third party common arrangement,this form can be a joint venture company,management can also be commissioned a patent pool member or an independent third party.Patent pool is a product of the high-tech era,it solves the problem of "patent thicket",has the advantage of integrating patent technology,reducing transaction costs and avoiding the risk of infringement litigation.Therefore,since twenty-first Century,the patent pool strategy of multinational corporations has become an important means to promote economic growth and technological innovation.But driven by profit maximization,the patent pool patent will expand the scope of rights not appropriate "or beyond the limits prescribed by law,such as tying non essential patents,high royalty rates,prohibited to question the validity of the patent pool,refused to license and limit competition feedback terms of abuse of patent pool the causes of eliminating and restricting competition effect,finally also indirectly damage the interests of consumers.Therefore,it is necessary for us to use anti-monopoly law to regulate the abuse of patent pool,so as to better guide the healthy and orderly development of the market economy.The regulation of patent pool abuse in China is mainly the use of "anti-monopoly law" and other relevant laws and regulations."anti-monopoly law" on the abuse of the patent pool is too principle,and other relevant laws and regulations of the lack of pertinence,only the implementation of the August 2015 "on the prohibition of abuse of intellectual property rights to eliminate or restrict competition in the twelfth provision" clearly defines the patent pool exercise of intellectual property rights and patent pools may constitute specific circumstances the concept of monopoly.However,the "Regulations" promulgated by the State Administration for Industry and commerce,the scope of application is limited.In contrast,developed countries such as the United States and EU for patent pool antitrust regulation has a relatively mature experience,they use the "anti-monopoly law" and the relevant judicial precedents,the patent pool antitrust guidelines and specifically for the patent pool guiding legal documents to regulate patent pool abuse.Therefore,we need to learn from the experience of foreign developed countries,in the legislation,formulate relevant patent pool antitrust enforcement guidelines and specific regulation of patent pool guiding legal documents(such as the Supreme Court issued guidance case about patent pool,suit)and perfect the "patent law",through judicial interpretation of regulations to be refined;in judicial practice,the relevant measures to improve the patent pool lawsuit,improving the training of intellectual property court system and special patent talents,improve the civil compensation,administrative penalties and criminalsanctions legal responsibility system;in law enforcement,clear the authority of anti-monopoly law enforcement departments,strengthen the regulatory role of the government,the formation of patent pool operation and market withdrawal.In addition,we also need to play an important role in the industry associations,with the help of the country’s intellectual property rights strategy driven by policies to encourage Chinese enterprises to improve their ability of independent innovation.