新能源专利联盟的法律规制

摘要

新能源专利联盟是多个新能源领域的专利权人达成协议,通过彼此间交叉许可或统一对外许可而实现的一种战略联盟.新能源专利联盟具有激励自主创新、分散风险等创新正效应,亦存在排斥和妨碍市场竞争等负效应.我国应主要通过反垄断豁免,发挥其创新正效应.同时,运用专利强制许可,避免其竞争负效应.%The New Energy Patent Pool (NEPL) is a strategic alliance among patent holders in the field of new energy , through an agreement concerning cross licensing or unified foreign licensing .NEPL has the positive effect of innovation of encouraging independent innovation ,dispersing risk and so on ,as well as the negative effect of competition of excluding and obstructing the market competition .China should mainly play its positive effect through the anti-monopoly exemption and avoid its negative effect by using the patent compulsory licensing .