论专利联营的反垄断法规制

专利联营是指两个或更多的专利权人为了相互间或向第三方许可其拥有的一个或一个以上专利权而达成的协议。专利联营兼具促进竞争和限制竞争的两面性。专利联营主要通过拒绝许可、超高定价、搭售、回授条款等来形成垄断。我国《反垄断法》应借鉴美国的立法和实践经验,以更好地规制专利联营的限制竞争行为。

Anti-monopoly Law Regulations on Patent Pool

Patent pool refers to the agreement of two or more patentees for licensing their patents to the third party or licensing between each other.Patent pool has both positive and negative effects in promoting and limiting competition respectively.Monoply arises from patent pool through license denial,excessive pricing,tying and grant-back clauses.China should learn from the legislative and practical experiences of the United States to improve its anti-monopoly law regulations concerning restrictive competitions through patent pool.