| Against the background of the increasingly globalized world economy and increasingly fierce competition in the international market,intellectual property rights,especially patent rights,play an important role in the economic development of countries.However,in order to gain a place in the fierce market competition,many domestic and foreign companies put the means of competition on the abuse of patent rights,which led to a series of problems that did not meet the legal requirements in the actual use of patent rights.In order to protect the rights of market subjects to fair and free trade and maintain the normal order of market competition,the abuse of patent rights in market competition must be regulated.Patent rights are different from other private rights in that their rights subjects have a relatively monopolized right status granted by law,and such privileges are more likely to be abused in actual market competition,which has the effect of destroying market competition and harming normal economic order.Therefore,the monopolistic status of patent abuse should be subject to anti-monopoly law.In recent years,China’s anti-monopoly law has made some substantial achievements in regulating the abuse of patent rights,but it is still flawed.This article will use six parts to analyze and study the current situation of anti-monopoly law on the abuse of patent rights in China:The first part introduces the topic of patent abuse by analyzing the classic cases of patent abuse in China’s antitrust laws and regulations,and then analyzes the administrative treatment of Qualcomm by the National Development and Reform Commission of China,thus summarizing the existence of anti-monopoly law on patents in this case.Some problems of power abuse regulation.The second part mainly studies the abuse of patent rights from the perspective of antitrust.First,it outlines the abuse of patent rights in terms of concepts and components,and then summarizes the three categories of patent abuse from the perspective of anti-monopoly law.The main ones are: patent abuse that has reached a monopoly agreement,and patent abuse that abuses market dominance.And the abuse of patent rights in the concentration of operators.The third part analyzes the current situation of China’s anti-monopoly law in terms of legislation,litigation mechanism and legal liability for the abuse of patent rights,and proposes the deficiencies,mainly including China’s lack of special anti-monopoly legislation to regulate the abuse of patent rights,the patent The abuse of power is not clearly defined,the judicial relief system and the distribution system of burden of proof are notperfect,and the corresponding civil and criminal responsibilities are not perfect.The fourth part analyzes and compares the advanced legislation and practical experience of the relevant laws of the United States and the European Union in regulating the abuse of patent rights,and thus summarizes the enlightenment for the anti-monopoly law of China in regulating the abuse of patent rights in the three aspects of relevant legislation,litigation mechanism and legal liability system.The fifth part is mainly based on the shortcomings of China’s anti-monopoly law in regulating the abuse of patent rights,and the perfect suggestions made by drawing on foreign experience and combining with China’s actual situation,including anti-monopoly legislation,litigation mechanism and related laws on the abuse of patent rights in China Perfection of responsibility.The sixth part is a brief analysis of the "Qualcomm Monopoly Case",and then a brief analysis of the problems in this case in conjunction with the relevant improvement ideas proposed in this article. |
