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我国的专利权制度是在改革开放后才真正起步,迫于国际压力,国内关注的大多是专利权侵权和保护问题,而对专利权滥用问题重视不足,对专利权的滥用制度的研究比较薄弱。在经济全球化过程中,越来越多的外国大企业进入我国市场与我国企业进行竞争,由于他们掌握着大多数的核心专利权,在某种程度上已形成一种垄断状态,导致他们频频滥用其专利权侵害我国企业的发展。然而,我国专利法和相关法律对专利权的限制无法有效地遏制专利权滥用行为。为了维护我国经济的健康发展,完善我国控制专利权滥用的法律制度已成为一项迫切任务。
The patent system of our country did not really start after the reform and opening up. Under the international pressure, most of the domestic concerns were the infringement and protection of patent right, while the problem of abuse of patent right was neglected, and the study on the abuse of patent right was weak. . In the course of economic globalization, more and more large foreign enterprises have entered the Chinese market to compete with Chinese enterprises. As they hold most of the core patent rights, they have, to some extent, formed a state of monopoly that has led them frequently Abusing its Patent Right Infringing on the Development of Chinese Enterprises. However, the restriction of patent right in the patent law and related law in our country can not effectively curb the abuse of patent right. In order to safeguard the healthy development of our economy, it has become an urgent task to improve the legal system governing the abuse of patent rights in our country.