Anti-monopoly Regulations On Patent Permission In Prospective Of Interest Balance

In recent years, it is of positive significance to grasp the position ofproperty right in society and the relationship of the property rights andeconomy, with the development of intellectual property right system andtheories research. The balance of intellectual property interest is paid muchattention in academe area. Tackling the contract of legal monopolization andpublic remands is the focus in the system design and implement ofIntellectual property rights.With the help of patent permission, the licensee can get the usufruct ofpatent in certain scope. It is possible for the rational patent permission topromote technology progress and market competition. However, there aresome limitations for the licensee from patentee which will restrict thecompetition. Starting with the balance theory of patent interest, the studyanalyses the status quo of the laws and rules that prevent monopoly in theprocess of patent permission. The study, with the methods of documentaryanalysis and comparison analysis, has a try to analyze the status quo ofpatent interest balance, find out the existing problems and get the root of theproblems. Moreover, some feasible suggestions are made in terms oflegislation, judicatory and law-enforcement,including assorting with theinterest of the right holder and the public in terms of legislation, makinglaws which limit the abuse of intellectual property rights,fitting for ournational condition, taking the interest of the law cost and benefits intoaccount; clarifying the authority of the law-enforcing institutions andcommittees on anti–monopoly and establishing the notification system andcooperative mechanism on anti–monopoly. Besides, American “per sedoctrine” and the principle of sufficient reason and the White list, Gray listand Black list of EU and other countries may be used for reference, andthe legal regulations are supposed to be used to restrict the competition-limiting behaviors with obvious damage.