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Research on Patent Misuse from the Perspective of Anti-monopoly Law

Author: YangLiMing
Tutor: WuDanBo
School: Nanchang University
Course: Economic Law
Keywords: Patent misuse Antitrust/Anti-monopoly Balance of interests
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 59
Quote: 0
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Abstract


A patent is a legal order to encourage technological innovation, promote technology patent to give people the prosperity of the economy with a certain color of monopoly rights is a legitimate right to the exclusive monopoly. In the patent system generates the initial, brought by the patent monopoly economic profits to the society as a whole brought great technological advances driving force, and therefore patent system and antitrust laws in dealing with the relations between the systems, the exercise of the general behavior of the patent application of antitrust laws, except as the case may exist. However, the patent itself has a legal monopoly of the coat, in some cases, patents were most likely under the guise of such illegal abuse of a patent, to the free competition of the market result in serious trauma. Especially in today’s knowledge-information age, technology is a business or even a market in the process of prosperity and the rise and fall played a crucial role in the community has become increasingly dependent on technology and patented technology in the form of deep-present more and more high-tech, complex, therefore, once the patents have patent rights, especially those who abuse their market dominance with certain patented technology will bring to the market turmoil and serious will be presented in the form of concealment, difficult to prevent. In the current social, patent misuse issues and trends are constantly emerging and prominent, therefore, the legal regulation of patent abuse of antitrust regulations in particular, is especially important. Between the patent system and antitrust system is a complex relationship, both the existence of conflicting factors and internal consistency of the factors in the antitrust treatment of patent system and the relationship between the systems should adhere to a benefit the concept of balance, adhering to the moderate and reasonable attitude towards patent it is necessary to pay attention to the positive effects it brings, but also see the patent misuse for negative effects of market competition, therefore, abuse of patent rights in the patent monopoly serious cause damage the market competition, the patent also subject to antitrust regulation. This article focuses on how the patent system and antitrust regimes to determine a critical point, thus balancing the conflict of interests between the two systems, so the two can fully play its due role. This paper from the patent system and antitrust system, the theoretical basis to proceed, the two systems analyzed the contradictions that exist between the unified relationship, then this balance of interests on the basis of theories proposed for the franchise by the foreign antitrust abuse The Legislative Regulation of China on the issue raised by the balance of interests should be established framework for continuous improvement of legislation on this issue defects.

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