On Anti-monopoly Regulation Of Competition Restrictive Conducts In International Intellectual Property Licensing

In China, the Study in the field of intellectual property has focused on theexercise and protection of intellectual property rights. Until recent years，domesticscholars began to pay attention and study on the abuse of intellectual property rightsand the anti-monopoly regulation to the restrictive conducts during the exercise ofintellectual property licensing. With the rapid development of economic globalization,knowledge economy and network economy, science and technology changes witheach passing day, international intellectual property licensing happens more frequently.Through implemented competition restrictive conducts in international intellectualproperty licensing, Multinational seriously damaged the competition order ofdomestic market in our country, which put forward new challenges regarding how toregulate competition restrictive conducts in international intellectual propertylicensing by our anti-monopoly law.This paper hopes to learn from the developed western countries of theiranti-monopoly regulation experience to restrictive conducts in internationalintellectual property licensing. Combining with the study of new challenges and howto response under the circumstances of economic globalization, knowledge economy,and network economy, this paper conducts in-depth research on the issue of how toapply anti-monopoly regulation to international intellectual property licensing andprovides some suggestions to improve our country’s anti-monopoly regulation systemof international intellectual property licensing. This paper uses the method ofcomparative study. By comparing with the US and European anti-monopolyregulation legislation and practice in the field of international intellectual propertylicensing, points out the differences, analyzes their advantages and disadvantages,finds out the common ground, shows the rules. By using the research method ofhistory survey, this paper analyzes the changes of anti-monopoly regulation of the USand Europe in the field of intellectual property licensing changes, and seeks the basicprinciples and specific rules. It has important significance that seeking the different variations of different historical periods and the theory behind in the same system.By using the method of case study, this paper analyzes the intellectual propertylicensing monopoly cases of the US, Europe and China. In addition to the section ofpreface, this paper is divided into five sections.The first section analyzed the demonstrate basis of anti-monopoly regulation ofcompetition restrictive conducts in international intellectual property licensing, whichis the basis and premise of this paper. First of all, to clarify the internationalintellectual property licensing and related concepts. Secondly, to explore therelationship between intellectual property law and anti-monopoly law, obtained theconclusions which intellectual property law and anti-monopoly law has Functionalcomplementation and a goal of consistent. Again, analyzed the positive effects of theinternational intellectual property licensing may have both encourage innovation andpromote competition, may also have a negative impact on monopoly and competitionrestrictive. Finally, this section analyzed the theoretical basis of anti-monopolyregulation of international intellectual property licensing.The second section of this paper discussed the analytical frameworksof anti-monopoly regulation of the international intellectual property. First of all,introduced and analyzes the differences of the criteria. Secondly, respectivelyexpound the methods of classification and enumeration, and compare them. Finally,put forward analysis steps which apply to anti-monopoly regulation of competitionrestrictive conducts in international intellectual property licensing.In the third section, carried out anti-monopoly analysis of the specificcompetition restrictive conducts in international intellectual property licensing. Thecompetition restrictive conducts of international intellectual property licensing isdivided into monopoly agreements and abuse of dominant market status in twocategories. First, conducting anti-monopoly analysis of competition restrictiveconducts by abuse of dominant market status in international intellectual propertylicensing. Secondly, conducting anti-monopoly analysis of competition restrictiveconducts by monopoly agreements in international intellectual property licensing.This paper used the analytical frameworks of anti-monopoly regulation, analyzedthe methods of anti-monopoly regulation of the specific competition restrictiveconducts in international intellectual property licensing with cases.The fourth section presented and analyzed new issues of anti-monopolyregulation of competition restrictive conducts in international intellectual property licensing under the age of economic globalization, knowledge economy and networkeconomy. Firstly, under network economy, defined relevant market and dominantmarket status on anti-monopoly regulation in international intellectual propertylicensing needs new standards; Secondly, analyzed the extraterritorial applicationconflict of anti-monopoly law in international intellectual property licensing,proposed coordination through the method of bilateral agreements and regionalmultilateral agreement; Finally, under the circumstance of intersection betweeninternational trade of cultural products and international intellectual property licensing,recommends the use of anti-monopoly law to protect domestic cultural industry.The fifth section analyzed Chinese reality and the system improvement onanti-monopoly law in international intellectual property licensing. First of all,analyzed Chinese legislation issue based on anti-monopoly law in international intellectual property licensing; Secondly, explained the necessity of Chinese legislationimprovement of anti-monopoly law in international intellectual property licensing;Finally, made recommendations on Chinese legislation improvement ofanti-monopoly law in international intellectual property licensing, includingunify anti-monopoly law enforcement agencies, promulgate specific rules ofanti-monopoly regulation in intellectual property, make new method to define relevantmarket and dominant market status under network economy, establish anti–monopoly"security zone" standards to intellectual property restrictive conducts and so on.