International Perspective, The Restrictive Provisions Of The Patent Licensing And Legal Regulation Of Research

The dissertation focuses on the limits of patent licensing from the global perspective, and gives a comprehensive illustration of the balance between legal limits on the licensee and patent owner's exclusive rights, which has always been a controversial topic both in intellectual property law and antitrust law.The first chapter provides a fundamental basis from the theories of law. It starts from the basic concepts of exclusive right and monopoly and points out their differences, which may confuse their working field. The subject of the dissertation, patent licensing, is introduced as the premier of all the following discussions. Patent licensing with limits could be understood from contract law, patent law and antitrust law, due to its special characteristics and constitutes the main structure for following chapters. Accordingly, the three angles give three methods to deal with the proper boundary of patent license contracts. After comparing each one of them, the antitrust law is believed to be the best way to solve this problem.The second chapter makes a detailed comparison of three national or regional laws and regulations on the patent licensing with limits. The U.S., EC, and Japan are selected to represent three methods to solve the problem. The U.S. applies the antitrust method, the EC prefers to selected contracts items, while Japan uses patent law. Each method has its own developing history and forms own legal methods, which is fully comprehensive and inspiring.The third chapter turns to a broader view to the same problem, which is in the international scale. After an eye view of the international trends of patent licensing developments and its problems nowadays, the author make a list of the ongoing laws and regulations concerned to this problem. When examined carefully, the laws and regulations thereafter, the true gap comes to people's view. The technology has draw a deep gap for developing countries and developed countries, and there is no power could manage it and gives a right direction, and the gap makes the two goes from each other ever far than before. What really functions in international patent licensing is still the nations regulations.The last chapter draws back to the patent licensing problems in China. Firstly, the important laws and regulations from the three perspectives are presented, comparing to the ever-changing developments of Chinese technology developments. The laws are not matching with the reality and a proposal of making an IP guideline was suggested. The Guideline could draw some useful advice form Japanese developments and could be construed in several aspects.