Dissertation > Excellent graduate degree dissertation topics show

A Study on the Antitrust Law Restriction of Patent Misuse in Technical Standards

Author: HuNa
Tutor: ZhangGuoYuan
School: East China University of Political Science
Course: International law
Keywords: Technology standard Patent misuse Antitrust Regulation
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 96
Quote: 0
Read: Download Dissertation

Abstract


Technical standards is one or a series of certain mandatory requirements or guidance function, containing details of the technical requirements and program files, its purpose is to make products or services meet certain safety requirements or market access requirements. With the regionalization of the world economy, the accelerating pace of globalization, as well as science and technology in production, growing role in the trade, the role of technical standards in economic development is growing. The combination of technical standards and intellectual property rights increasingly become constantly expand their market share in the global pursuit of profit maximization weapon. Especially in high-tech fields, the combination of patent and technical standards has become an inevitable trend. By analyzing the reasons of technical standards and patent, as well as the two combined impact on competition in the market, we can see that the combination of the two can have a positive impact in the promotion of technological innovation and facilitate consumer choice; However, patent A private right of protection of personal interests, and technical standards are the technical specifications of a representative group interests, both represent different value orientation, technical standards of patent abuse, will be effective in limiting market competition and hinder technological innovation and limit consumer choice, have a serious negative impact. How to regulate this type of abuse has become the main issues discussed in this article. Our existing domestic research focused on the abuse of intellectual property, patent misuse, intellectual property rights restrictions, technical standards in the patent abuse and its legal regulation, especially from the the Antitrust Regulation angle system research, relatively speaking relatively small. Therefore, we selected the the antitrust regulations production of technical standards in the patent misuse as the research object. The first chapter of the concepts and types of technical standards introduced, while analysis of the technical standards and patented combination of cause and manner as well as a combination of both the impact of competition in the market, and thus generalizations There are four typical technical standard patent abuse, although certain regulation from civil law, patent law, but by analyzing and comparing the author to believe that the anti-monopoly law is the regulation of this abuse is the most reasonable and most effective way. Chapters II and III, respectively, introduce legislation and case law of the United States and the European Union and other countries in this regard, the so-called \have some reference on the regulation of this kind of abuse. The fourth chapter, the author in the analysis of the relevant provisions of the current anti-trust and insufficient, learn from the practice of the United States and the European Union and other countries, combined with China's actual situation, build and improve the technical standards of China patent abuse Antitrust Regulation specific practices.

Related Dissertations

  1. The Research on Regulation of Anti-monopoly in China’s Telecom Industry,F626
  2. IT Industry Patent Pools Under Technical Standards and Its Regulation,G306
  3. Research on the Legal Problems of the Industrial Standards in the Trade Barriers,D922.29
  4. China's banking regulatory antitrust problem,D922.294
  5. A Study on Patent Misuse Based on the Case of Cisco VS. Huawei,D923.42
  6. Research on Technology Innovation Model of Equipment Manufacturing Based on Technical Standards,F426.4
  7. The Technical Standardization Research of Steel-Rubber Friction Energy Dissipation System,TU352.1
  8. Research on Patent Misuse from the Perspective of Anti-monopoly Law,D922.294
  9. A Study of Regulation on Monopoly in Patent Pool,D922.294
  10. Antitrust abuse of market dominance Research,D922.294
  11. The Study on Technology Standardization Strategy in Changsha City,F203
  12. Research on the Anti-monopoly Regulation in Choosing Business Model,D922.294
  13. Legal issues on standard patent misuse,D923.42
  14. A Study on the Impact of Technical Standards Barriers on China’s Foreign Trade,F752.6
  15. Research on the Path of Technology Standard and Competitive Strategy in Network Industry,F203
  16. Antitrust Regulation of Power Market,F426.61
  17. Research on Problem of Merger and Acquisition,D922.294
  18. Abuse of Patent and Legal Regulation,D923.42
  19. Study on the Technical Standard of Rural Road in SiChuan Province,F542
  20. Expressway to Set Technical Standards for Legal Research Ad,D922.296
  21. Local Legislation Study of Urban-rural Planning,D922.181

CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
© 2012 www.DissertationTopic.Net  Mobile