Study On The Tying Arrangement In The International Intellectual Property Right Licening

The effect of tying arrangement in the international intellectual propertylicencing to China,is becoming more and more serious.This essay is trying to do someresearch and analyse about it.In the Chapter One, the author is trying to analyse the conception,the sorts,theinfluence and some other basic theories about the topic.On the basis of this,the authorwants to give a definite restriction about the behaviours such as abusing of itspredominant status,adding excessively unreasonable requires and so on.Aiming atdemonstrating the necessity of regulating the tying arrangement in the internationalintellectual property licencing ,the author wants to prove it from its negative effect tothe market competition and some exceptional conditions.In the Chapter Two,the author puts forward the identified element of tyingarrangement in the international intellectual property licencing, the definition ofindependent market analysis, identification of superior market force, identification ofsuperior market force, determining of causing the substance adverse effects to thecompetition, identified three elements of the connotation and extension of the analysis,and point out the need for the exceptions to the exemption.Thus,the regulation theoryabout it in China is made the much more complete description and analysis, and it iswell prepared to identify and improve related issues of China.In the Chapter Three,the author points out the actualities and questions about theChinese rules in regulating of tying arrangement in the international intellectualproperty licencing.Especially,throughout analysing the legal rules, which is the mainthereunder to regulate it, one by one,the author indicates the weaknesses ofinterrelated Chinese laws where need to be strengthened.Besides this,the author alsotalks about the problems in the administrative system,judicial system and the link upsystem between them.In the Chapter Four,the author mainly introduced the interrelated internationaltreaty,the effort of the UN and other international organizations to regulate it. Andalso introduced the legal rules,administrative experience,judgement cases of the EUand the USA, whose intellectual property law system is much more advanced.Basedon this,the author wants to set up an example for China to improve its related rules.In the Chapter Five,aiming at the weaknesses of the Chinese rules and regulatingsystems in tying arrangement in the international intellectual property licencing, theauthor proposes to strengthen and harmonize the related legal rules,clear the standard of illegal determination,increase the illegal responsibility, form a systematical legalregulating system in the lawmaking part. While in the implementing course, theauthor proposes to harmonize the power of different administrative departments,improve the confine of jurisdiction bound and make out more operational judicatoryexplanation. On this base, the author wants to achieve the well transition of the twoparts, actualize the judication to examine and supervise the administration, in order toform a more scientific regulating system in the tying arrangement in the internationalintellectual property licencing.Thus,throughout the analyse of the related legal questions in the tyingarrangement in the international intellectual property licencing, the author expects toprotect the behalf of the Chinese enterprises and the whole country in the internationalintellectual property licencing trade from the legal way, and wishes to make somecontributions to the theories and practical rules to the theme.