The Legal Rule Carried On The Limiting Competition Behaviors Of The International Technical Permission Trade

International technical permission trade is a kind of commercial activities in the base of technical monopoly . In order to encourage innovations, the law awards certain time monopoly power to the intellectual property rights, to obtain the benefits. The technical permission has the new productivity through disseminating technology, to cause the competition inevitably. Therefore both sides of the technology permission has the cooperation relations,also has the latent benefit conflicts. In order to protect the benefit of own , one side inevitably exerts the limitations to another;or both sides makes certain arrangements, these behaviors all have the possibility of offending the competition law (or called counter-monopoly law). If the competition law does not restrain the behaviors of intellectual property rights person, the abuse of intellectual property inevitably causes to market competition harm, also harms the intellectual property rights system's intention, which is realizing development through driving innovations. We must encourage technology innovation, also have to perform essential legal rules to limit competition behaviors, this is the common goal of the counter-monopoly of most countries. This article discusses the main method of limiting the competition behavior carries on the legal rules , through studying the legislation experiences of the developed countries, and proposed own tenfative plan to our country' legislation.This article divides into four chapters.Chapter one. The content is fundamental theories of international technology permission. The author expounds definition, sort, legal signs in order to lay a solid foundation for the whole thesis.Chapter two. In this chapter the author introduces the counter-monopoly law of USA, Japan and EC, and the national counter-monopoly law of limiting competition behavior carries on the legal rules. Finally the article mentioned the related regulations of counter-monopoly law in the world.Chapter three. In this chapter , we can draw such a conclusion that the method of classification has become the main method to rule the limiting competition behavior inthe international technical permission through the legislation practice comparison research of the developed country,. This chapter introduces the origin , primary principle of the method of classification as well as the cases that how each country deals with the limiting commercial provision by using the method of classification.Chapter four. The fourth chapter mainly talks about the present status of the law stipulation of international technology permission in our country. It also proposes some suggestions which are beneficial to holdup the rights of our country. And talks about posing scenario of establishing new special system to rule the limiting competition behaviors in the international technical permission, and arranging the concrete realizing steps so as to make our country to get a more favorable position in the present international environment.