对PatentTroll的法律分析及我国相关制度的完善-法律专业论文.docxVIP

华 中 科 技 大 学 硕 士 学 位 论 文 Abstract Chinese corporation was accused by the Patent Troll during Chinese corporation exploited the international market. The Chinese corporations did not encounter Patent Troll formerly, and there is no any research about the Patent Troll in mainland. This thesis takes the litigation of huawei and ZTE accused by the Traffic Information LLC which been called as the Patent Troll. Because the Patent Troll does not manufacture or sale products, patent cross license is not useful for settlement of the disputes. Firstly, the thesis analyzes the relationship of economic and the strength of patent protection base on the evolution of the U.S. patent system; then analyzes the Patent Troll generation and the legal profession point of view of its positive and negative evaluation. Final, gives the basic ideas of the thesis, recognizes the Patent Troll as a businessman, Investment patent and obtain a reasonable license fee，even the use of patent litigation obtain a reasonable licensing fee as a means of relief there is reasonable. The law need to adjust use litigation based on junk patent for unreasonable behavior. The thesis further analyzes the root cause of Patent Troll is poor quality and the current patent gives the patent holder for the relief too strong. the thesis analyzes the evolution of U.S. patent relief system, the relevant judicial precedents and the importance of the patent reform bill, and American judicial and legislative amendments to prohibition order issued by the principles, the principle of compensation is calculated, and the patent is invalid and changes in the system changes, and gives the view reduce the incentive for malicious litigation and ways to improve patent quality. Finally, the thesis compares the stop infringement of china with the United States a permanent injunction, and compares the pretrial prohibition order of china with the preliminary injunction and temporary restraining order of American, and made sure of the