Patent Abuse in the Context of International Law

Abstract

Misuse of intellectual property rights is not uncommon, and often occurs particularly between developed and developing countries. This has a great negative impact on the progress of developing countries, global scientific and technological development and economic efficiency. The author hopes to strengthen the attention to this problem and effectively regulate the abusive behavior through the study of this issue. The definition of intellectual property abuse is vague, and this paper provides a preliminary understanding by summarizing the four basic constituent elements. Focusing on patent trolls, the paper analyzes the embodiment of intellectual property abusive behaviors and coping strategies. This paper analyzes the Wireless Planet v. Huawei case related to standard essential patents against the background of the TRIPS Agreement, FRAND principle, and the combination of trade barriers and breakthroughs to the traditional jurisdictional system of patent rights. In addition, this paper compares the intellectual property laws of China and the United States, and China and Japan, and analyzes the antagonism between developed home and developing home in this field.