| Behaved as an legal monopoly, under certain circumstance intellectual property rights might transform into economic monopoly that antimonopoly law would regulate. In external license, the intellectual property rights holders might restrict the competition in the negotiation of intellectual property rights license protocol by the advantage of intellectual property rights.IP system and antimonopoly law sharing the same goal of innovation, efficiency and competition, therefore the antimonopoly regulation of IP license contracts should regard those concepts as criterion. Furthermore, being an legal branch of protecting public interest, the antimonopoly regulation to IP license contracts should comply the model as following:(1)Doing harm to competition, the licenses can realize the innovation efficiency and improve the whole welfare of society. In the mean while,the license is absolutely necessary to realize the efficiency and does the least damage to consumer welfare. Under these premises, the license should be permitted.(2)If certain license is neutral or dubious to innovation efficiency, the antimonopoly judgement of it should based on consumer welfare.(3)In no case, the license should banish competition permanently and entirely. The above model can also apply to new economy.The technical level of China is lower than that of the developed countries. At present, in order to improve our comprehensive strength, we need to get license from the IP holders in developed countries besides independent innovation. From this point of view, the Chinese enterprises are the licencees and the IP holders in developed countries are the licensers. At the same time, the developed countries pay more and more attention to the function of IP in consolidating and advancing their super position in technology and economy. The big multinational companies use IP strategy as means to enlargment and development as well. Grounding on the above theory model, referencing of successful experiences of else countries and areas, combining the actuality of China, the openness of market and equal competition should be the most important goal in our current antimonopoly regulation. Our economic and competitive strength should be advanced through competitive environment protection, independent innovation strategic promotion and national interest protection.In term of antimonopoly law , it can be divided into two categories of which the former is the abuse of preponderant position including articles on tying, price discrimination and challenging the validity of IP, For licensing of intellectual property rights in such restrictive clauses, generally have a dominant position as reflected in the behavior of people through the exclusive intellectual property rights, to exclude competition in the industry, or damage to the licensee's innovative initiative to maintain its monopoly status ;the latter is monopoly agreement (i. e. Cartel) including grant back, restriction on output, price, terrain and usage field. Such behavior is often reflected in the agreement between the two sides to a certain extent, reduce competition and, therefore, must begin with the license agreement the two sides is whether to classify the perspective of competitors, respectively, and anti-monopoly law be different regulations. In addition, IP pools and integration of IP to technical standards can also bring new restrictive problems of competition, it is not only related to abuses of dominant positions, including restrictions on competition agreement, but in the new economy industries, particularly highlighted the dominance of technical standards, strict anti-monopoly law to be concerned about this.so antimonopoly law must regulate all of these behaves. currently, America, Europe Union (EU) and Japan have relax the regulation of IP license and hold the standpoint in favor of the licensers according with the benefits of those counties and districts,but China must carry out the tighter regulation considering the situation of a country.
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