On Regulations Governing Restrictive Clauses In Licensing Of Intellectual Property

Licensing of intellectual property (IP ) is the main way to implement IP rights, and also the important means to develop and update IP. However, there are always some clauses known as restrictive clauses in licensing agreements of IP which require the parties to take or refrain from taking such certain activities as production, marketing and research. Those clauses have adverse effect towards the international technology trade, especially towards developing countries who usually act as licensees in the licensing trade. And therefore, such clauses become common concern and the regulation object among the world. However, there are great differences and conflicts concerning judging standards, legislative mode, legal rules and judicial practices of the regulations between the two opposite camps, the developed countries and the developing countries. And China, as a developing country, suffers grievously from and often gets puzzled at restrictive clauses in the IP trade. This paper introduces regulations governing restrictive clauses in the main countries and relevant international organizations, and tries to analyze those regulations in comparative law perspective so that it will be beneficial to the construction and reform of legal system about restrictive clauses in China.