Research Of Anti-monopoly Law Regulation On Intellectual Property License

Intellectual property license through which intellectual property rights will get paid is the legitimate act of exercise of intellectual property rights,and which is conducive to the dissemination of the technology and encouraging innovation.But intellectual property license will become a tool to impede competition.Twenty-first Century is the era of technological development,and developed countries or some multinational companies take advantage of foreign licensing of intellectual property rights to abuse market dominance.They continue to carry out various forms of monopoly and then expand its competitive market.We feel keenly that our ability falls short of our wishes,because we have neither perfect legal guidance,and no corresponding law enforcement experience when our country facing with the monopoly of intellectual property rights.So it is urgent to strengthen the system design of anti-monopoly legislation regulation of intellectual property rights.Though theoretical research has made some progress so far,no consensus was reached in some respects for definition of concept,legislative regulation,policy choice and so on,which still needs further exploration.It is most important to combine with the present level of development in China that we select appropriate analysis methods for restrictive clauses in intellectual property licensing by learning from the experience of legislation,law enforcement in the United States,the European Union and Japan.And we have to make the right choice to regulate intellectual property monopoly from the policy to the legislative model.In addition,it is also very important to strengthen cooperation in antitrust national cooperation.The establishment of a new cooperative model can regulate the current intellectual property monopoly of multinational corporations more effectively.In order to solve these problems,the following aspects are explored in this paper: first,the basic theories of intellectual property rights and anti monopoly are discussed,and the dialectical relation between the two is expounded;second,to analyze the current situation of anti-monopoly law regulation of intellectual property license in China;third,to compare and sum up the intellectual property rights licensing regulations of foreign countries and regions — the United States,the European Union and Japan;fourth,to put forward some suggestions to improve the regulation of intellectual property rights licensing in China.