Patent License Restrictions On Competition In The Antitrust Regulation

From the Microsoft case,the turn of the century, to the controversial Intel lawsuitcase they moved eastward, it is not difficult to find that, intellectual property right lawand anti-monopoly law has more and more closely related. From the angle of thepatent right though monopoly standard is very important.This article is divided into six main bodys, first of all, this paper discusses the patentright, and the relationship between the anti-monopoly law. Second, discusses therestrictive clauses, including the meaning of restrictive clauses, classification,competitive, and the influence of the regulation by the anti-monopoly law of necessity,which is an important content of the paper. Then, analyzes two important principles ofanti-monopoly law field, itself illegal principle and reasonable principle. Again, uses acomparative analysis method, analyzes the patent license agreement in terms of thelegal standard of restrictive, specific and detailed analysis of the internationaldeveloped countries and regions in the advanced experience and legislation history.Finally, draw lessons from these advanced experience, in view of our country’srelative lack of legislation and puts forward the direction to improve.This paper is the innovation points from the antitrust laws in the perspective of thepatent right, compared to the relationship between them, and look for the balance.Notonly protect the interests of the patent holder and initiative,but also promote theprosperity and economic development technology.Make sure the competition orderfully orderly, ultimately seek consumer welfare and the growth of the total socialwelfare increased.