专利联营的反垄断规制及应对

Anti-Trust Regulation and Reaction of Patent Pool

2008年《反垄断法》正式实施及其后的配套法规、指南相继出台,反垄断法躯干日益丰满,但对专利联营的规制依然是一片空白。《国家知识产权战略纲要》的出台,高举创新的大旗,但在高新技术领域,专利联营的问题日益突出。结合近年来最新的学术成果、国外的优秀经验和具体的实例,对专利联营问题进行重新审视,立足中国实际,以"拿来主义"的眼光,提出有针对性的应对措施显得尤为迫切。

At the turn of the 21 st century, the 3C and the 6 C alliance of charges events have made the DVD industry in China on the verge of collapse. For the first time, the Chinese people are focusing on patent pool. The implementation of anti- trust law in 2008 has laid a foundation for the regulation against intellectual property abuse. With the successive introduction of some matching regulations and guidance since 2008, the subject of anti-trust law is well-developed. However, regulations of patent pool is still absent. Innovation has been highly advocated since the release of the Outline of National Intellectual Property Strategy. But in high and new-technology fields, patent pool has become an increasingly prominent issue. Therefore, combining with the latest academic achievements, outstanding foreign experience and some specific cases, the paper first has a new look into patent pool, and then it proposes that we should rely on reality in China, form the perspective of＂ take -in＂ principle and take some effective measures.