关键词: 专利联营, 专利池, 限制竞争, 反垄断, 德国, 卡特尔

Abstract: The overlapping area of patent law and competition law, especially the subject matter of regulation against the abuse of patent rights in the form of patent pool by means of competition law, constitutes a key issue for the intellectual property law research in China. Based on China’s current legal and social context of patent fever, the transformation of the patent law, the enforcement of antitrust law fine-tuning, and competition policy re-balancing, this thesis adopts a legal-historical approach to examine the model of Germany before and after the First World War comparable to the present state of China. It studies the historical origin of the subject matter in the German context, analyzes the formulation and enforcement of the antitrust policy regarding patent pool under certain macroeconomic background and concludes the pros and cons for the related theoretical research and the definition of regulative approach concerning the subject matter in China.