专利权滥用的反垄断法规制

专利权滥用已经成为技术进步和市场竞争的一大障碍,严重影响到我国经济的健康发展和安全,必须对其进行有效的规制。相对于国际公约、欧盟、美国、日本与专利权滥用有关的反垄断立法,我国规范专利权滥用的现行法律、法规中存在问题。我国应构建包括专利法、反垄断法以及规章等不同层次的规制专利权滥用的法律体系。

The Regulation of Anti-Monopoly Law for the Abuse of Patent Right

It is urgent to take steps to confine the abuse of patent fight,which has already become an obstacle of technical innova- tion and markets competition as well as strongly hampers economic development and safety in our country.Compared to European Union,the USA,and Japan,there are many problems in our country's legislation in the regulation of the abuse of patent right. China should establish different sources of law to regulate the abuse of patent right,including patent law,anti-monopoly law, and administrative rules.