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Legal Regulate the Misuse of the Patent Pool Rights

Author: ZhangDingXiang
Tutor: JiGuangBing
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Patent Pool Abuse of Right Antitrust Law Benefit Balance
CLC: D923.4
Type: Master's thesis
Year: 2009
Downloads: 186
Quote: 0
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Abstract


Competition in 21st century is intellectual property. Patent pool is a core element and means of Competition intellectual property, which has become more and more important in the international Competition. But patent pool always misuse rights restrict the market Competition （for example: foreign DVD giants misuse patent pool to block Chinese manufactures）In china, whereas the existing research in this area is mainly focusing on monopoly issue of patent pool, thinks that the misuse of the patent pool rights should be regulate by antitrust law. This view is right but not perfect, because there are some differences between Abuse of Right and monopoly actionFrom the angle of balance in benefit, this article discusses Legal Regulate the Misuse of the Patent Pool Rights. The article is made up of six chapters:In Chapter one, introduces research status quo of patent pool in domestic and foreign nations, aim and valuable of thesis by analyzing a typical example of Misuse of the Patent Pool. In second Chapter, firstly introduces the concept of patent pool, its features, forming mechanism, species and its pattern; secondly, summarizes the evolvement of patent pool; subsequently, analyzes the advantage and disadvantage of patent pool; finally, researching the validity important document of patent pool deeply and overall . In third Chapter, analyzes the concept of patent pool misuse, the validity important document and its judgment criterion; lists some typical patent pool misuse acts; distinguish between misuse and monopoly acts. In fourth Chapter 4, introduces the mechanism of beneficial balance to survey the acts of patent pool misuse, analyzes the connotation of mechanism of beneficial balance in patent law. In fifth Chapter, introduces legislation of U.S., EU, Japan and international regulations on patent pool misuses. In last Chapter, firstly reviews China’s relevant legislations applicable to patent pool misuse and point out the defects, and then constitute a guide or rule such as America’s based on the above theoretical analyzes, foreign practices and china’s current national situation, which consists of the precursor system of patent pool, the law duty of patent pool misuse and the defense of patent misuse.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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