Research On The Legal Regulation Of Patent Troll

In recent years,with the rapid development of science and technology,intellectual property has become a strategic resource for national development.As a double-edged sword,intellectual property is not only a pawn for enterprises to have broad development opportunities,but also a trap that may fall into.As the increasing awareness of intellectual property rights,some people who try to exploit legal shenanigans and abuse rights still attempts to obtain the maximum economic benefits with the lowest cost.“Patent Troll” is one of them.The Patent Troll originated from the United States has already spread all over the world now.By purchasing patents or acquiring certain insolvent companies,they can own large-scale patents without engaging in production or technical manufacturing process.Once the patents owned by them are put into the process of product R&D and manufacturing by other actual production implementers,the actual users are threatened to be sued on the grounds of prosecution,so that they will be forced to pay high settlement fees or license fees.Although the international community currently has some measures against the Patent Troll,they still have ways to hide and continue to “work”.In the current economic and trade frictions,many enterprises in China have begun to suffer patent smuggling attacks,and patent infringement lawsuits against Chinese companies have increased year by year,and domestic land is about to become a new battlefield for Patent Troll.The first chapter of this paper is a literature review of the research background,significance and recent development situations of the Patent Troll.Through the comparison with its approximate terms associated with,the second chapter defines the Patent Troll and its interest field.The third chapter analyzes the reasons,the multinational development trends of the Patent Troll and its potential factors for the emergence of cockroaches in Chinas with data and chart.The forth chapter analyzes the necessity and legitimacy of the regulation of the Patent Troll and explores the legal theoretical basis behind the regulation of it to explore the loopholes in thelegal theoretical basis behind the regulation of it to explore the loopholes in the existing legal system and practical hazards in China.From the perspective of the multi-department law and supporting measures,the fifth chapter emphatically elaborates the legal regulation means to deal with Patent Troll in China including Patent Law,Anti-Monopoly Law,Anti-Unfair Competition Law,Insurance Law and Consumer Rights Protection Law,the contents of Substantive Law and Procedural Law in Civil Procedure Law,and supporting measures in the two stages of root cause and behavioral process.Through the innovation of the legal regulation mechanism of the thesis,it is found that with a right cage set for the Patent Troll in grey areas,the effective legal measures should be carried out to standardize and stabilize the development of patent market and to purify the environment of scientific and technological innovation,which can effectively prevent the loss of patent capital of the state and enterprises.