The Research On Technology Licensing Agreement From Anti-monopoly Law

This is an intellectual-economy society, interests of the owners of intellectual property rights have been attached more importance to . But with the wide-spreading of technology trade, we can see that when the protection of intellectual property is strengthened, the abuse of intellectual property rights become more common. In the license contract for technology, the owner of intellectual property right often institutes some qualifying clauses, which create obstacles to competition.Though developed countries such as the United States, the European Union and Japan regulate restrictive trade practice by different laws and in different legislative models, all of them regulate it under anti-monopoly law. The legislative trends of the developed countries are identical too. The developed countries recognized that the legislative targets of intellectual property law and antimonopoly law are not opposite. The target of intellectual property law is to promote competition and to encourage creation. So the enforcement of intellectual right can not be paid extraordinary attention to. Now the most important task is the improvement of the antimonopoly law of China.The paper analyzed various common restrictive clauses, which are based on the compassion among the laws of the developed countries. The article also makes some advice on how to improve the antimonopoly law.