| The standard aspires after open to all as well as universal, but the patent rights is the institutional arrangement which entrusts obligee to exclude competitive adversary reasonably. The licensors seek for profit maximization while the standardization aim in applying technology in a large-scale, it leads to potential conflicts and finally restricts the development of market economy.This article starts with the law system of license contract for patent technology, and is based on two types of license contracts, one is the essential- patent licensing occur in the standard making process, the other is the external patent licensing after the standard set down. The monopoly acts in standardization is different from the normal monopoly acts, for patents in technological standards are easier to be abused. As the important rules of standard setting organization, RAND and RF are prone to be unspecific promises beforehand.This article considers that the power to rights restrictions must be very prudence. The"legally monopoly"and"illegally monopoly"must be distinguished. Because the free competition and limited monopoly should be balanced, the restrictions of the license contract for patent technology should also be based on the balance of interests. This article analyzes the basic types and characteristics of monopoly acts in patent licensing, after comparing some legal ways of regulation, the article expatiates that anti-monopoly regulation is essential and applicable.The article also reviews the applicable legal principles on regulation of anti-monopoly in the United States, Europe Union, Japan, Taiwan as well as in TRIPs so as to provide the theory, experience and reference for China on legislation and judicial practice of regulating intellectual property rights abuse.In conclusion, the effective monopoly regulation can put forth the standardization, solve difficult problems caused by Intellectual Property, and finally keep the inherent inspiring qualities of intellectual property law. |
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