Why can anti-monopoly law and patent law coexist?
The patent right set by the patent law is a monopoly right from the beginning. In this sense, patent law and anti-monopoly law seem to be in conflict. However, the value goal of patent law: encouraging innovation, increasing social interests and benefiting consumers is consistent with the value goal of anti-monopoly law: maintaining free competition and improving the overall interests of society. In this sense, the patent law is consistent with the anti-monopoly law. China should legislate on the anti-monopoly regulation of patent rights, including: formulating anti-monopoly law, perfecting patent law, prohibiting the abuse of patent rights, and formulating anti-monopoly regulations and related guidelines for patent licensing. The patent right protects the interests of the technical inventor who uses the patent, while the anti-monopoly law protects the reasonable competition order and aims at different things. For example, if your patent is a medicine for treating stomach diseases, then only you have the right to decide how to use this technology to produce this medicine, but you have no right to prohibit others from producing other medicines for treating stomach diseases; If you merge all the enterprises that produce stomach medicines, or divide the market together with various stomach medicines enterprises, raise prices to restrict competition and restrict others from entering the field of stomach medicine production and sales, then you have violated the monopoly law. Of course, some people use patents to achieve the purpose of monopoly; There are also provisions in the law to deal with this.