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Patent Misuse Research

Author: XiaoZhiHao
Tutor: HuangWuShuang
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Refusal to license Patent abuse
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 107
Quote: 0
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Abstract


Along with our country regards the protection of intellectual property rights as a national strategy, the patent system has been developed greatly, but our patent system are not perfect, there is a shortage of institution appeared. Especially for the abuse of patent right, theoretical study and law construction exist great shortage. We have been paying more attention on the abuse of patent right.This paper analyzed the patent abuse for refusal to license. It tentatively researched the following content: the definition, structural characteristics and performance of patent abuse of refusal to license; the values, principle and method of preventing the patent abuse of refusal to license; the status of patent abuse for refusal to license in our country.In this paper, the definition of the patent abuse for refusal to license was divided into three categories, namely, direct refusal to license, conditional refusal to license and concerted refusal to license. It carries on the analysis of them. By generalizing the behavior of abuse, sums up the meaning of patent abuse of refusal to license, namely: patent holder fail to implement fully or insufficiently in time and refuses to license, or patent holder takes use of the market controlling status to prevent or refuse to license.In part four, the compulsory license was analyzed in particular. The paper summarizes the principle of the regulation: Incentive and acquisition of balance; Reasonable preventing; Promote technological progress and economic growth.In the last part of paper, the status of refusal to license in our country was analyzed briefly.We hope that this paper can provide some help for the abuse of patent right theory as much as possible.

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