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Legal Regulation of patent misuse

Author: WangJian
Tutor: HanXiaoBing
School: Central University for Nationalities
Course: Economic Law
Keywords: patent right abuse check by regulations
CLC: D923.42
Type: Master's thesis
Year: 2008
Downloads: 93
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Abstract


Under the condition of knowledge economy, the system of patent right is becoming the greatest motive force for economic development day by day. Thus, as a kind of legal monopoly right, the patent right must be protected. But once this kind of right is abused, it shall destroy the competition order of the market, and damage social public interests and consumers’ individual interests. So patent right abuse must be checked from internal and external angle, e.g, through the application of antimonopoly law, etc. It is a kind of effective means to check the abusing behavior from both internal and external aspects, which has been justified by various countries’ patent right legislation and enforcement.Since joining WTO, the western trans-corporation has utilized its advantage in the field of patent right from the beginning, by abusing the patent right, regarding patent right as the tool of a hard blow against the rival, and realizing domination of the market. And the situation which the enterprises of our country face will be more and more severe. From ’ DVD incident’ in the year 2002, ’Intel v.s. Dongjin Corp. ’ in 2005, ’ 3G patent incident of charging of high pass ’ in 2007. It is more and more severe that the patent right abuses sabotage competition of the enterprises of our country. How to regulate this increasing severe patent right abusing acts, and how to deal with patent arms held by developed countries, has become a realistic problem before us. This dissertation analyzes on the questions as such, and put forward some suggestions.This dissertation mainly divides into three chapters. Chapter One studies relevant problems concerning the patent right abuses. The right abuses are analyzed. We probe into the patent right abuse and the reason behind it. Chapter Two, introduce U.S.A., European Union and Japan in terms of their regulations on patent right to abuse the legal system. Chapter Three, explain our country situation in facing the severe patent right abuse at present, and our country’s regulations in checking patent right abuses and problems existing at present. Finally, through analysis, by employing foreign experience for reference, suggest on how to construct our country’s patent right abuse law system. I think, in order to construct our country’s patent right anti-abuse system, we should focus on building and improving antimonopoly law and patent law.

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