专利权和反垄断法的关系及启示

从起源上看，专利权和反垄断法都可以看成是国家纠正市场失灵的一种制度安排。专利权和反垄断法在激励创新、促进竞争、增进消费者福利方面具有一致性，但两者在实现目标的途径、消费者福利关注期限、关注经济效率的种类等方面存在冲突。反垄断法对专利权行使行为进行规制时，应在充分考虑专利权和反垄断法关系的基础上，关注反垄断法规制专利权行使行为的前提条件以及规制方法。

The Relationship between Patent Rights and Anti- monopoly Laws and its Implications

So far as the origins are concerned, patent rights and anti - monopoly laws can both be regarded as an institutional arrangement for correcting market malfunctions. They share consistent goals in innovating incentives, promoting competitions and improving consumer welfare. However, conflicts and dispatches also exist between them, in terms of their goal achieving approa- ches, their attention span paid to consumer welfare, to different types of economic efficiency, and so on. When current patent rights are regulated by anti - monopoly laws, focus is to be laid on the relationship between patent rights and anti - monopoly laws, and on the preconditions and regulation approaches with which anti - monopoly laws regulate patent right application behavior.