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Escaping erosion of China's innovation market: A comparative study of patent aggregation between Europe and China
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2017 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

In recent years, patent aggregation and patent trolling activities have received growing attention from all over the world because of the controversial nature of such activities. Somehow it becomes a global obsession to presume that such activities or even the existence of PAEs are problematic by nature and need to be redressed via government intervention, partly due to the unpromising situation in the US. This article seeks to explore the nature of such issue and find out the most appropriate way for China to deal with such issue. The author believes that while such activities might at first sight seem problematic, in fact they are legal commercial practice in general, or more specifically, they are merely strategic uses of patents. This article also argues that there are available remedies under both EU and Chinese legal framework to catch the real problematic conducts derived from such activities. Hence it would seem to the author that even though the quantity of such activities is meant to increase in China, there is neither justification nor need to intervene such activities: the existing legal framework is enough to address certain misconducts; and the market is capable of ensuring its own equilibrium.

Place, publisher, year, edition, pages
2017. , 65 p.
Keyword [en]
Patent aggregation, Patent trolling, Patent assertion entity (PAE), Patent law, Competition law, EU law, Chinese law
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:uu:diva-324572OAI: oai:DiVA.org:uu-324572DiVA: diva2:1110480
Educational program
Master Programme in Intellectual Property Law
Supervisors
Examiners
Available from: 2017-07-05 Created: 2017-06-15 Last updated: 2017-07-05Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
  • ieee
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  • de-DE
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  • en-US
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Output format
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