The Regulation Of Intellectual Property License In Anti-monopoly Law System In New Economy

Intellectual property is a kind of legal monopoly ,which is important not only for the creator,but also for the economy inspiration of a country. But the way of using IP mayimpair competition and do harm to public. For a long time, it has been an important issue forcompetition law on how to regulate the using of IP.America, Europe Union (EU) Japan and taiwan have typical system of competition laws. How toregulate the use of IP rights is an important portion of competition laws. America, EU and Japan effectively regulate the restrictive practice in the area of IP license by the enforcement of their competitions laws.There are many restrictive articles in the IP license contracts, such as articles on tying, grantback, restrict on price, restrict on practice area, restrict on practice field, restrict on challenging the validity of IP, etc. How to regulate these restrictive articles is important to competition laws, and it is the main part of the IP license Guidelines of America, EU and Japan. Except these restrictive articles, other restrictive practice such as refusing to license, price discrimination, can also bring competition problems. In the New Economy period, the creation of IP and the output of the economy and the consumption are different from before. It provides facility for IP holders to use their IP rights as leverage and gain excessive interests from IP. IP pools and integration of IP to technical standards influence IP license and bring new restrictive problems.Although the Law of Anti-monopoly was passed in China on August 30 this year, the technical level of China is lower than that of the developed countries. At present, in order to use the latest technique, we often need to get license from the IP holders. In the same time, the developed countries use IP strategy to fix their super station on technology and economy. The big multinational companies use IP strategy as means to enlarging and developing. We must study the theory of IP laws and competition laws, use others countries' successful experience as reference, standardize China's unfair Competition Law, issue Antimonopoly Law, enact new regulations and guidelines on IP license, set up enforcement authority. Through these means, we can regulate the practice of IP license, and build competition environment of IP license.