Font Size: a A A

Safe Harbor Rules On Anti Monopoly Law Regulation Of The Licensing Of Intellectual Property

Posted on:2019-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2416330596950316Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Based on the continuous improvement and deepening of antitrust and intellectual property systems,the balance of interests between antitrust law and intellectual property protection has entered into people's perspective.The safe harbor rules play an important role in balancing the relationship between coordination and efficiency.At present,the safe harbor system has appeared in the provisions formulated by China's anti-monopoly law enforcement agencies and has also been proposed to have more detailed provisions in the forthcoming Guide to Anti-monopoly Intellectual Property.In view of the fact that the interaction between intellectual property rights and antitrust laws is also becoming more and more frequent,our country should adhere to the two basic points of "protecting innovation" and "improving procedural efficiency",and make use of the principle of "itself illegality" and the principle of "reasonable analysis" to clarify and license the intellectual property Related antitrust law analysis,clear the scope of application of the safe harbor,the applicable standards and procedures,so as to promote the benign interaction between intellectual property and antitrust law,and then the design of safe harbor.In the design of safe harbor rules,it should be clear what kind of behavior can be covered by the safe harbor rules;clear the boundaries of intellectual property-related markets distinguish the product market,technology market,innovation market,research and development market;according to the actual situation of China's intellectual property market share The presumption of calculation and standard setting.When examining alternative technologies,the nature,scope and scale of the research results and the financial support obtained should be researched in combination with the characteristics of the industry or market factors.In general,safe harbor rules should be given more explicit foresee ability through the design of safe harbor rules so as to achieve a better climate of competition and innovation,so as to achieve better welfare for the entire community.
Keywords/Search Tags:the licensing of Intellectual property, safe harbor rules, anti monopoly law, related market, market share, alternative technology
PDF Full Text Request
Related items