The Analysis On The Restrictive Clauses On Patent Licensing

Due to the further development of economic globalization and the innovation of science and technology,knowledge economy becomes increasingly prominent.The excellent intellectual property system is particularly important.As an indispensable part of intellectual property rights,patent brings huge returns to the society.In reality,patent license is an important way to realize the patent right.As the patent has a natural monopoly,the patentee often set many restrictive clauses in licensing agreement.Although the restrictive clause is beneficial to the realization of the patent right to a certain extent,but it tends to eliminate or restrict competition.The introduction of Anti Monopoly Committee of the State Council provides a new perspective to solve the problem of the restriction of restrictive clauses.Based on the research of restrictive clauses and recent legislation,this paper is to discuss the issue from the following four aspects.The article consists of five parts.Introduction part briefly outlines the nature of patent license and the necessity of the regulation of restrictive clauses.The first chapter mainly introduces the necessity of patent licensing,and uncovers the veil of the restrictive clauses from the following aspects: the definition,causes,classification.The second chapter discusses the legal issues involved in the three aspects of the contract,the patent and the anti-monopoly.The third chapter introduces the successful experience of outside organization,the US,the European Union,and so on with regard to regulation on restriction clause.The fourth chapter is to review our legislative,analysis the "guide",put forward the author's personal advice to solve the problem of restrictive clauses.