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A Study on Patent Misuse Based on the Case of Cisco VS. Huawei

Author: WangYing
Tutor: ZhangGeng
School: Southwest University of Political Science
Course: Legal
Keywords: Patent misuse Antitrust Denial of permission Compulsory licensing
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 86
Quote: 1
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Abstract

The process of economic globalization in the 21st century, the patent fact has become an important weapon for holding a high-tech multinationals layout international market, they not only take full advantage of the patent the legitimate monopoly rights, but also illegal expansion of legal not gives the patentee the right to restrict competition to meet their exercise beyond the purpose of the legal monopoly. In this case, with its global expansion, multinational companies in the market competition in the frequent cases of abuse of patent rights. Meanwhile, Chinese enterprises have become an important part of today's international economic development, but due to the lack of experience of international competition, patent protection and prevention of patent litigation risk awareness is relatively weak, the lack of research on competitors and other reasons, resulting in multinationals to China the case of corporate abuse of patent rights also began to appear frequently. In China, a patent right also stay mere protection stage, both the Government and the enterprises themselves are not yet fully aware of the serious consequences to the behavior of multinational companies to patent abuse potential, even if the existing China's law on the regulation of patent misuse is also in its infancy, this situation is not conducive to the internationalization of Chinese enterprises, more is not conducive to the overall strategic goal of building an innovative new type of state. Whether from Chinese enterprises, or from the State Intellectual Property at the strategic level, the regulatory patent abuse requires further study, although the domestic research on this topic has been a lot of results, but the overall patent the right to abuse the topic for further discussion of space. As the communications industry as the litigation case 1 \However, I believe that between the typical case of Chinese enterprises the warning and inspirational play, still be able to fully understand the Chinese enterprises abuse of intellectual property rights, and to take practical and effective means of prevention has an important reference significance. In this paper, through the analysis of relevant theory case to abuse behavior made a systematic discussion of the patents in the case. This paper is divided into five parts: the first part of a review Huawei Cisco case in 2003 in Texas, USA, leads this study topics: patent abuse. Extract specific manifestations of the abuse of patents involved in this case. The patent misuse specific performance forms, this paper will only study on cases involving patent misuse manifestations. The second part discusses the basic theory of patent misuse, to do theory foreshadowing of the latter part of the study. First discussed the concept of patent misuse patent misuse theory of the source of different form its two definitions from different angles in the academic community, through the analysis of both the concept and its formation will help better the rest of this article discusses understood. Second, analysis of the significance of the patent misuse regulation, respectively, from the theory of rights, patent rights, the establishment of the purpose and the reality of three aspects of patent misuse regulatory significance. Patent abuse by patent law and antitrust laws and patent abuse of monopoly behavior after the two closely linked relationship. By analyzing these two kinds of relationships, and strive to a clear understanding of of patent rights abuses in the legal positioning. Finally, the U.S. patent misuse regulation system is perfect, Cisco v. Huawei discussion focused occurred in the United States case at the same time, it is necessary to the abuse of the legal system of regulation U.S. patents introduced to clarify the evolution of the legal regulation of patent misuse patent rights abuses attitude, the principle of regulation means a clear understanding of the development and status quo of the patent misuse. The third part focuses on the determination of patent misuse, abuse judged from two private law and antitrust law discourse patent principle constituent elements, and the present case whether the behavior of Cisco constitute patent misuse, as well as specific manifestations do out theoretically determination. The fourth part of the main analysis of patent misuse relief means closely This paper mainly discusses the patent misuse defense and compulsory licensing in two ways, and combined with the actual situation of the present case is analyzed theoretically Huawei face of Cisco patent abuse can be adopted means of relief to be discussed. The fifth section discusses the case, combined with the actual situation in the United States, by studying the existing legal and jurisprudence, the analysis in the case of Cisco v. Huawei defendant Huawei case then, in the United States counterclaim Cisco abuse of patent rights, the Court supported the possibility. Then, through some of the pros and cons of Huawei deal with Cisco litigation, and other countries for Chinese enterprises in the face of the multinational patent rights abuses, the reality of the problems in the prevention of specific legal aspects of patent misuse, targeted Some respond to recommendations in the real sense of the Chinese companies want to be able to generate a positive role to prevent patent abuse multinationals.

A Study on Patent Misuse Based on the Case of Cisco VS. Huawei

Abstract

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