专利许可制度的反垄断规制研究

专利许可权是一种具有垄断性的权利,是法律所赋予权利人以合法的垄断,但随着社会及科学技术的迅速发展,一些先取得了专利权的企业往往滥用专利许可权以获得市场支配地位并排除、限制竞争来赚取巨额利润。因此,对专利权利用制度的规制也逐渐纳入各国反垄断法的内容之中,并日益受到重视。从反垄断法视角出发,对专利许可制度的垄断性及反垄断规制进行探讨,并从立法与实践上对专利许可制度的反垄断规制提出有效的完善建议,将有效规制专利权人的垄断行为,促进市场经济有序发展。

Research on Anti-Monopoly Regulation of Patent Licensing System

The patent license is a kind of monopolistic right, which is a legal monopoly given by law to the obligee. However, with the rapid development of society and science and technology, some enterprises that have obtained the patent right first often abuse the patent license to gain the dominant position in the market and exclude and restrict competition to earn huge profits. Therefore, the regulation of patent utilization system has been gradually incorporated into the content of anti-monopoly law of various countries, and has been paid more and more attention. From the perspective of anti-monopoly law, this paper discusses the monopoly and anti-monopoly regulation of patent licensing system, and puts forward effective suggestions for improving the anti-monopoly regulation of patent licensing system from legislation and practice, which will effectively regulate the monopoly behavior of patentees and promote the orderly development of market economy.