Research On Anti-monopoly Law System Of Patent Licensing Tying

China's intellectual property system has developed rapidly in the past 20 years and has achieved international standards at a relatively fast pace.However,in the process of gradually improving China's intellectual property system,the main considerations are still limited to the protection level.The anti-competitiveness of its abuse,which in turn affects the effective dissemination of relevant technologies and information,the problem of hindering the public's rational use of knowledge products is unpredictable.In the process of patent licensing,the patentee will use the monopoly advantage allowed by law,tying a licensee.When the licensee obtains the patent license,he must accept the “tying” product,such behavior may have an adverse effect on the market of tying product.Now China is striding forward in an international market,Sine-foreign joint ventures and foreign-funded enterprises are also emerging in China.They have more patent-licensed technologies or products that are common.Therefore,the tying behavior in the patent license can be regarded as a form of tying behavior in general commodity trading,and it has now become the object of concern of anti-monopoly law at home and abroad.This article has four chapters,the first part is an overview of the tying behavior in patent licensing and the basic theoretical analysis;the second part is the analysis of the illegal constituent elements of the patent license of tying.They have three illegal elements of the tying behavior in the patent license.The nature of the tying product and the tying of the patent license have market power and negative impact on competition;the third part is about the use of foreign legislation,such as the "Guide" issued by the Japan Fair Trade Commission,the EU and Japan have relevant guidelines on patent licensing,and a detailed analysis of tying behavior in patent licensing;the United States is also using the "dual track system" for regulation,there are the Sherman Act and the Clayton Act give a principled provision for monopolistic behavior,and for the principle of patent abuse in patent law,the United States has also developed an Antitrust Guide for Intellectual Property Licensing,that is a special restriction on the tying behavior in the patent license,it is worth learning and learning in China;the fourth chapter introduces the legislative overview of China's tying behavior and legislative proposals,for our country's legislation and regulations are too principled,operability is not strong;there is no anti-monopoly regulation specifically for patent licensing.According to the actual situation of patent licensing in China,the law can be considered within the legal scope,the application of tying in patent licenses is mainly based on considerations of social and economic interests.Compared with foreign laws,it puts forward three suggestions for relevant legislation in China:the first is to amend the nature of legal tying in the Patent Law;second,improve the supporting regulations of the Anti-Monopoly Law and conduct an in-depth analysis of the legality of tying behavior in patent licensing;third,improve the judicial system of anti-monopoly law that abuses patent rights in China.Due to the continuous innovation of science and technology,the number of patent applications is increasing,and it is hoped that the improvement of China's legislation will be more conducive to the development of the patent technology market.