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On Anti-trust Regulation of Conduct of Patent Pool

Author: MengJianYong
Tutor: XuShiYing
School: East China University of Political Science
Course: Economic Law
Keywords: Patent Pool Anti-trust Law Anti-trust Conduct
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 98
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Abstract


Patent pool has been developing for more than 100 years in US; but, it is a new thing to domestic enterprises. However, multinational enterprises made use of patent pool to implement“compulsory package licensing”and charge unreasonable patent licensing fees in order to enhance entry barrier of business and prevent fair competition between them and domestic enterprises. As intellectual property awareness enhancing, some domestic enterprises want to use patent pool to enhance competitiveness. Are there any legal risks of abuse of intellectual property in combination conduct of patent pool? Are there any legal risks of violation of anti-trust law. Herewith, the author analyses the existing national anti-trust law and put forward some legislative suggestions from the reference of legislations and judicial practice abroad. At the same time, the author analyses present regulations for regulating patent pool and points out the shortcomings and raises several suggestions for improvement of present related regulations.The thesis consists of four chapters. The first chapter generalizes the basic theories and development history of patent pool. The second chapter analyses the relation of patent protection and anti-trust law. The third chapter analyses the anti-trust conduct of patent pool and related regulations. The fourth chapter analyses legislations and judicial practice abroad and raises several suggestions for improvement of present related regulations.

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