全球化下专利权滥用的规制模式

Regulation mode to patent abuse in situation of globalization

全球化背景下,专利权滥用行为问题日益突出,对于专利权滥用行为进行规制已为各国所重视。基于反垄断原理建立的制度确定性较好,但证明程度要求较高、范围有限,而专利权滥用原理基于衡平法原则,具有较大的弹性,范围涵盖全面,但其确定性不足。结合经济全球化下日益激烈的知识产权竞争以及中国目前所处的不利地位,建立二元制的规制模式,进行模式互补是中国合理规制专利滥用行为的必然选择。

The issue of the abuse of patent right has been more and more obvious in the situation of globalization. The regularization against the patent abuse has also been paid attention to by a lot of countries. The system based on antitrust principle has a good certainty, but has a limited range and a high requirement for testification level yet. On the other hand, the patent abuse principle which is from equality principle has relatively good elasticity and extensive range, but also has a insufficient certainty. It is the best choice to set a dual mode of regulation to complement exeeUent mode considering the increasingly fierce competition and the disadvantageous situation of China under the globalization.