对DVD专利纠纷案的法律思考

通过对中国电子音响协会和6C联盟就DVD专利纠纷的谈判过程及结果进行法律分析,笔者认为中方在谈判中被动的原因在于未能有效地拿起竞争法的武器与6C对抗,提出应用反垄断法对知识产权加以一定限制,在进一步考察了外国和台湾地区相关立法以及相关的国际条约后,指出台湾模式值得借鉴.

Legal Thoughts of DVD Patent Issue Case

Through legally analysing the process and result of negotiation which concerns about the patent issue case between Chinese Associations for Electronic Sounds and 6C, the author shows that the reason why we became passive in negotiation is that we haven't made full use of Competition Law to confront 6C. After further investigating the concerned legislation of foreign and Chinese Taiwan region and the concerned international convention, this article puts forward limiting intellectual property rights by applying anti-trust law, and points out that we can draw lessons from Taiwan mode.