The Research For Anti Monopoly Issues Of Technology Licensing Contract

This is an intellectual-economy society, interests of the owners of intellectualproperty rights have been attached more importance.But with the wide-spreading oftechnology trade,we can see that when the protection of intellectual property isstrengthened,the abuse of intellectual property rights become more common.In thelicense contract for technology,the owner of intellectual property right often institutessome qualifying clauses,which create obstacles to competition.Though developed countries such as the United States,the European Union andJapan regulate restrictive trade practice by different laws and in different legislativemodels,all of them regulate it under anti-monopoly law.The legislative trends of thedeveloped countries are identical too.The developed countries recognized that thelegislative targets of intellectual property law and antimonopoly law are notopposite.The target of intellectual property law is to promote competition and toencourage creation.So the enforcement of intellectual right can not be paidextraordinary attention to.Now the most important task is the improvement of theantimonopoly law of China.The paper analyzed various common restrictive clauses,which are based on thecompassion among the laws of the developed countries.The article also makes some advice on how to improve the antimonopoly law.