On the Anti-trust Regulations of the Patent Licensing Abuse
|School||Huazhong University of Science and Technology|
|Course||Civil and Commercial Law|
|Keywords||Patent License Abuse Anti-monopoly law Per se rule The principle of reasonableness|
Development of the implementation of China's \In view of this, taking into account the patents licensed real problem of abuse, being defects in the legislation of our country, as well as in developed countries a hundred years of successful experience and reasonable approach, this paper selected patent license to abuse Antitrust Regulation the title. Patent license to abuse the general legal analysis, to sort out the basic content of foreign anti-monopoly legislation, through the analysis of several typical patent license abuse, combined with that of the first developing countries to the national situation, and ultimately our country The legislation proposed recommendations. The text of this paper is divided into six parts. The first part discusses the potential conflict and coordination between the patent system and the anti-monopoly law. The first discusses the concept of the patent system, followed by a discussion of the patent system to form the main reason of the potential conflicts of antitrust laws, and concludes with a discussion of the consistency of the fundamental goals of the patent system and antitrust. The second part is a general legal analysis of the patent license abuse. Of the patent license abuse meanings and elements to summarize it. The third part combed the basic content of the national anti-monopoly legislation, respectively, discussed the per se rule, the principle of reasonableness, select the condition of the per se rule and reasonable principles, as well as for the purpose of antitrust review rights abuses should analyze the definition of important factor in the relevant market, the relationship between the parties, the highest market share. The fourth part of the study of several typical patent licensing abuse, including price restrictions, quantitative restrictions, market restrictions, cross-licensing and patent pools, exclusive license transactions, tying and other identified patent license abuse and legal regulation problems. The fifth part of our patent licensing abuse of legal norms overall commentary discusses being on our legislative gaps and defects. The sixth part of China's legislative recommendations, including the development of antitrust laws on patent licensing norms as well as the accompanying guide, in the legislation to take into account the country-driven national conditions of patent protection and intellectual property strategy, industrial policy, patent protection system functioning normally play.