Abstract:

With the advent of the era of knowledge economy, the monetary value of patent is dominating, and patent rights is being used as an significant profit-making way of NPE as well. With the integration of injunction and litigation, the entities have been more pressed by NPE than ever, which makes adverse effect on advancement of our civil ICT industry, including the strangulation of the low profit of our civil industry, the high cumulative patent rate over the upper limitation, the harming on the capability of our civil innovation. Meanwhile, the occidental countries and regions are adjusting and refining their patent-related laws and systems from various aspects like legislation, enforcement, justice and etc., which makes the scope and boudary clear to apply law and provides better opportunities for the development and innovation of their industry. After all our country shall gradually change from the former passive defensive rule of law to the leading rule of law, and strengthen the legal regulation of NPE.

Key words: NPE, SEP, abuse