The Legal Regulation Of Patent Licensing Monopoly

The 21st century is the age of knowledge based economy,technology trade between countries are increasingly frequent,technical resources have become vital force to a nation’s economic development.After our country enter into the WTO,we have more in-depth communication with the other countries in the world in many aspects,such as economy,trade and law.Although we also realize the importance of the patent technology,our patent legislation starts late and is imperfect,our country often in a weak position in the international trade.So,we certainly should protect the patent right,while,at the same time,we also should establish anti-monopoly law regulation on patent license.So that we can guarantee our country enjoys a fair competition order in the technology trade market and promote the economic technology development of our country.The article is divided into four part.The first part introduce the basic theory of the patent licensing monopoly,define the patent license monopoly elements,distinguish between the behavior of patent licensing monopoly and the behavior of abuse of the patent license.Then theoretically discussesthe general principlesfor determining the patent licensing monopoly,includes same principle,divide markets principle,reasonableanalysis principle,the itself illegal principle.At last,through the introduction of the basic theory for regulation on patent licensing monopoly and introduction of the controduction and unification between the patent law and the monopoly law,demonstrate the importance of setting regulations on the patent licensing monopoly.The second part analys and summarize the theory and practice of domestic and foreign patent licensing monopoly regulation,list the specific form of patent licensing monopoly,three types are lateral restriction agreement,longitudinal limit agreement and abuse of dominant market position,include fixed price,dividing the market,patent pool;Vertical output,sales volume limit,longitudinal regardless,application field limit,tying,exclusive deals,sold back;refused permission,price discrimination,no doubt terms.Respectively introduces the above behaviors form,the way to define them,the impact on competition,legal regulation practice both at home and abroad,as well as the attitude towards its antitrust law regulation.The third part use the method of comparative analysis,introduce the relevant legal norms of the United States,the European Union,Japan and other countries.Analys their characteristic system,basic principles and legal practice,through the comparison,sum up their legal regulation’s merit and their enlightenment to our country,in order to complete our country’s regulation in this field.The last part is the analysis of our country’s patent licensing monopoly regulation,introduce the current laws and regulations,analys our weakness.At present,our current law are generally not specific and operable.The function of law enforcement agencies is not clear,protection of the litigation rights of the party are imperfect.This article carries on the analysis of the above,foster strengths and circumvent weaknesses,combined with the new antitrust guidelines of the abuse of intellectual property rights and China’s national conditions,put forward the suitable legislation suggestions,include the principles,behavior forms and immunity.The improvement of the anti-monopoly regulation on the patent license,make the legislation of our country more mature,so that enhance our country’s enterprise competitiveness in the international technology trade.