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Study on Antimonopoly Regulation of Patent Pool

Author: ShaoJingCheng
Tutor: WuGuangHai
School: Nanjing University of Technology and Engineering
Course: Civil and Commercial Law
Keywords: Patent Patent pools Antitrust
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 104
Quote: 0
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Abstract


Patent pools (patent pool), also translated into the patent pool , the agreement reached by the two or more of the patents to each other or to their possession of one or more patents licensed to third parties . Patents in the patent pool can be divided into the essential patents essential patents and non- competitive patent complementary patents and obstacles patent . The patent pool is a double-edged sword . The positive role of patent pools : remove barriers to patents , reduce the cost of patent licensing , patent licenses efficiency , and reduce the risk of infringement litigation and litigation costs , and achieve risk-sharing , and integration of complementary patents , and to promote the implementation of technical standards ; negative effects : stifle innovation , mask invalid patents to restrict competition between associates within patentee . Patent pools restriction of competition prohibit the rights of civil law alone is not enough of the relevant legislation to regulate the abuse of the principle of patent law , contract law , antitrust law should be used to regulate patent pools restriction of competition . The Antitrust Regulation patents associates , we must first define the relevant product market , technology , markets and innovative market . Use the antitrust laws to carry out specific analysis , generally using the principle of rational analysis , measure and compare patent pools positive and negative impacts . If a negative impact than a positive impact , it is determined to limit the competition of the associate . Patent pools through horizontal monopoly agreements , vertical monopoly agreements , abuse of dominant market position to form a monopoly . The patent pools horizontal monopoly agreements manifestations : fixed prices , restrict output , divide markets and boycott of the transaction . The patent pools vertical monopoly agreements manifestations resale price maintenance and exclusive licenses . Patent pools manifestation of the abuse of a dominant market position : the denial of permission , excessive pricing, tying, price discrimination and the terms of feedback . China should learn from the United States , the European Community 's legislative and practical experience to improve China's \

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