论专利池许可模式和其反垄断规制——以美国法为中心.pdf

●● ● ● ● 关系，并对专利池许可模式在经济全球化的条件下，结合我国的实例指出其可能 存在的不公平竞争的现象。同时，对我国企业所面l临的困惑及其对策进行试探性 的讨论。 关键词：专利池Cuatent p001)『；商业审j函(business review letter)；垄断；反垄断； 竞争 中图分类号：D913．04 2 ●● ■ ● ● Abstract Patent mean legitimate monopoly and patent pool has a strengthened power of monopoly effect．The first patent pool Was in仃oduced in United States，1856，the first modem antitrust law was also made by United State in 1890 thereafter．In the following 20th century，the enforcement and the court’S practice revealed that not only the patent rights are bound by antitrust laws，but patent pools are also at risk of suffering the Severest punishments as well．The Antitrust Division of US Department of Justice，as among the most important antitrust enforcement authorities，had been a Sword of Damocles over patent pools． However,since the joint promulgation of 1995 Antitrust Guidelines for the Licensing of Intellectual Property by the US Department of Justice and the Fedeml Trade Commission(hereinafter refer to as the“Guidelines’，)，the patent pools are generally regarded as pro·competitive．Meanwhile，a business review letter issued upon the establishment of a patent pool actually becomes a precondition for a patent pool verifying its lawful foundation and existence thereaflef’which means such patent pool without objection by the US Department of Justice in relevant business letter would generally be free from any investigations or charges by antitrust authorities，and thus greatly reduce the antitrust risk with respect to the patent pooled by enterprises． This paper is designed to draw a picture for the nature and its characteristics of patent pool through an anal}ysis of its original in US，its development as well as the history of refrain imposed by US antitrust laws．Detailed explanations are given to the Guidelines and each of the Business Review Letters，wMch are made thereunder with respect to the patent pools reviewed by such authority，Was further analyzed and clarified．The paper also make it that majo