Patent License Agreement, Restrict Competition In Terms Of Antitrust Regulation,

As the coming of intellectual economy, one of the intellectual property rights, the patent has been paid mare attention to. For patent is a kind of legal monopoly right, its monopoly right is easy to be used to restrict competition, and brings to many restricting clauses into patent licensing contracts. Chapter one analyses the reason for the restricting clauses in Patent licensing contracts (the Clauses), then discusses the negative influence of "the Clauses", and then talks about the connection between patent and criterion. In the second section of chapter one, the author sorts all the clauses in patent licensing contracts into two classes: normal clauses and restricting clauses. Normal clauses usually include technique clauses and business clauses. Sixteen forms of restricting clauses are listed in the next part. Chapter two first discusses the feasibility of regulating "the clauses" by Antitrust Law from the objective of value of Patent Law and Antitrust Law point of view. Then compares the methods of regulating "the clauses" to analyze the necessity of regulating 'the clause' by Antitrust Law and draws the conclusion that 'the clauses' in Patent licensing contracts can be regulated by Antitrust Law. The discusses in Chapter three focus on the positive. First it specializes the Patent circumstance in our country, then talks briefly about the regulating practices in other countries. Thirdly it analyses the appearance to be regulated and the way of regulating "the clauses" by Antitrust Law. Chapter four gives some legislative suggestions to regulate "the clauses" by Antitrust Law, including constitute "Antitrust Law", set up special administrative department on antitrust, and then set down regulations for "the clauses". We China faces very hard Patent circumstance and has a big job to economic transacting and developing, so we should put up Antitrust Law as soon as possible and set up special administration to set down regulations to regulate the restricting clauses in Patent licensing contracts. These will do helpful to the progress of research, the capabilities of enterprises to compete, the promotion of national economic, the acceleration of national power and the instruction of harmonious society.