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A Study of Regulation on Monopoly in Patent Pool

Author: WangYouPing
Tutor: WangLi
School: Anhui University
Course: Economic Law
Keywords: Patent pools Antitrust Regulation Free competition
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 53
Quote: 0
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Abstract


As the tide of economic globalization, the market is beginning to show regionalization and integration trends, enterprise carried out increasingly fierce competition on a global scale. Intellectual property as an intangible asset, due to the characteristics of its statutory monopoly, has become the foundation and key enterprises to build and expand, it is the core competitiveness of enterprises. In this competitive environment, companies face of rapid technological invention and ever-shortening product market cycles, coupled with complex dependencies between the patent, the patent substantially increase the cost, companies start thinking about how to implement patent sharing and reduce the cost of research and development, patent pools is the best choice in this case. In Europe and the United States and other developed countries, patent pools have been more and more enterprises as part of the strategy of the competition. Intellectual property but due to their own exclusive and exclusive features, as the application of the antitrust laws, except there is a legal monopoly, patent pools is not, of course, violate the antitrust laws. Developed countries in the world patent pools at the same time promote and limit competition in the market the two sides of a more profound understanding of the States of independent joint to change the structure of competition in the market, threatening behavior of free competition, were clearly defined in its anti-monopoly regulations to protect free and fair competition in the market. First patent pools in reducing transaction costs, strengthen patent complementary, to start to reduce the important role of intellectual property disputes, rationality and necessity of the presence of patent pools are described; followed from the characteristics of patent pools on the market the impact of competition and the specific behavior and other aspects, on patent associate Monopoly in the legal regulation system of the causes of a detailed analysis, and through the patent associate in monopolistic behavior of defined and manifestations of analysis, description of the specific manifestations of patent pools; once again, Details of the specific content of the United States, the European Union, Japan, China and Taiwan patent associate of the laws of the regulation, based on the analysis of the relevant legislation the pros and cons and the development of the course, compare countries on the regulation worthy of our reference approach; Finally, analysis of the regulatory system in China the necessity of patent pools monopolistic behavior, the legal regulation of the existing legal regime on the patent pool to regulate content listed, and combining the current patent associate the status quo in monopolistic behavior, the next step patent associate specific comments and suggestions .

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