Research On Restrictive Behavior And Regulations In Licensing Of Intellectual Property

The intellectual property right is a private right, and an exclusive right. Licensing of intellectual property right is a kind of important way to exercises the right and is benefit to the competition and creativeness. But When be licensing, the holder may abuse the right, to monopolize or attempt to maintain illegally monopolization, which may bring the bane with creative, competition and social public. For avoiding this kind bane, there will be regulations in necessity. Based on cases appeared from the practice, the article is the research on restrictive behavior and regulations in licensing of intellectual property. This article analyzes that our country must reform the regulations to stick up for the fair competition and boost the advancement of the science and technology.This article divides four parts to research the restrictive behavior and regulations in licensing of intellectual property. The second part of this article introduces the concept of restrictive behavior in licensing of intellectual property, and has pointed out the necessity to research the regulations on restrictive behavior in licensing of intellectual property from the two aspects of theory and the reality. The third part is about the restrictive behavior in licensing of intellectual property. It mainly has two aspects: On the one hand it is the analysis of the three reason which caused the restrictive behavior; On the other hand it is two classifications, namely conduct of horizontal restriction of competition and vertical restriction of competition. The fourth part analyses the regulations on the restrictive behavior in licensing of intellectual property. After the analysis of reasonable basis in theory, the article compare with developed country and our country, and then points out the enlightenment from various countries' legislation to China. The fifth part is our country's regulation on the restrictive behavior in licensing of intellectual property. The legislation is not blank in this area in our country, but these regulations are far from what we expect about anti-monopoly law in intellectual property. Based on the introduction and analysis of present legislation situation, the article proposed several suggestions to perfect the legislation in this area.