Study On Restrictive Clauses In Patent License

As the coming of intellectual economy, the intellectual property rights has been paid mare attention to. For patent is a kind of legal monopoly right, its monopoly right is easy to be used to restrict competition. But, in the process of reaching patent license agreement, lots of people frequently add some restrictive clauses into it, such as tie-in clause, feedback clause etc. These clauses, as one part of patent license agreement, are essentially a kind of contract clauses. No matter from contract law, patent law or economics angle, the enaction is reasonable. But if abusing this kind of restrictive clauses in the patent license agreement, it will not only infract licensee's just rights but also endanger good competition order, which will do harm to the benefit of the consumer. In view of it, we have to apply anti-monopoly law to standardize behavior of abusing every restrictive clause in the process of patent license. The text is made up of three chapters and every chapter is made up of several sections. Among them, Chapter I is made up of two sections. Section I introduce patent license agreement. Section II firstly define the restrictive clauses and then list common restrictive clauses in the patent license agreement. Chapter IIis made up of three sections. Section I firstly analyze the relationship between used restrictive clauses and anti-monopoly law, introduce the character of restrictive clauses, arisen reasons and influence, and then analyze the relationship among the behavior of abusing restrictive clauses, uniting and limiting competition, as well as abusing market domination status. Section II analyze necessity and feasibility of prohibiting abusing restrictive clauses regulated by anti-monopoly law and how to confirm the regulation limit and choose regulation principle. Section III compares anti-monopoly law system restricted in patent license contract of foreign major developed countries and regions, including legislation mode, legislation character and cognizance standard comparison. Chapter III is made up of three sections. Section I, based on Chinese reality, introduce the status that Chinese laws and statutes standardize the behavior of abusing restrictive clauses in patent license agreement. Section II rethink present situation and analyze our disappointment for existent system as well as path we should choose. Section III put forward to imagination for correlative system construction, including the anti-monopoly law promulgated, regulate on the behavior of abusing intellectual property rights, formulate special statutes that standardize patent license agreement, construct reasonable implementation system etc.