Research On The Issue Of Tying In International Patent Licensing

The tying arrangement in international patent licensing is characterized by its transnational attributes and patent attributes,which are significantly different from the general tying.However,the connotation of the tying in international patent licensing is still consistent with the general tying,that is,the tying in international patent licensing has the positive effects of increasing efficiency,promoting competition,limiting,and negative effects of hindering competition.This article discusses the above characteristics and is divided into four chapters.The first chapter mainly explains the basic issues of the tying in international patent licensing,including the concept,basic theory.The second chapter analyzes the identification and exemption of tying in international patent licensing.In third Chapter,the antitrust regulations for tying in international patent licensing are explained,which are mainly divided into two parts.First,it analyzes and explains the antitrust regulatory principles of tying in international patent licensing,and believes that the reasonable principles can better solve the problems ofinnovation incentives,package licensing,and market technology development because of their inclusiveness and comprehensive analysis.Second,through the analysis of laws and regulations related to the international treaty,the United States,the European Union,Japan and other laws of tying in international patent licensing.We should learn from the extra-territorial experience,such as the analysis of the research and development market,the development of relevant guidance documents play a legal guidance role,and strengthen interaction and communication of administrative law enforcement agencies and court.In fourth chapter,by explaining and analyzing the current status of legislation and practice related to the antitrust regulation of Chinese tying in international patent licensing,it is concluded that there are problems of principles for tying analysis in Chinese antitrust rules of international patent licensing,questions about the importance of compulsive factors in the analysis,the accountability mechanism needs to be improved.Finally,to address the above issues,five suggestions are made: First,apply the principle of reasonableness and analysis of the characteristics of individual cases in the analysis of tying in international patent licensing.Second,reduce the importance of obsessive-compulsive factors in the analysis.Third,establish anti-monopoly accountability mechanisms for individuals and public interest litigation mechanisms for groups damaged in monopolies.Fourth,add an analysis link to subjective competition objectives in the analysis.Fifth,China should strengthen anti-monopoly examination of thetying of international patent licensing.