Dissertation > Excellent graduate degree dissertation topics show

The Anti-Monopoly Law Regulation of the Grant-back Clause of Intellectual Property

Author: YuMiaoQiu
Tutor: RuanZanLin
School: East China University of Science and Technology
Course: Economic Law
Keywords: Abuse of Intellectual Property Grant-back clause Anti-Monopoly Law Regulation Improvement
CLC: D922.294
Type: Master's thesis
Year: 2012
Downloads: 64
Quote: 0
Read: Download Dissertation

Abstract


Intellectual property is a kind of private right, and which is different from other right is that it has a legal monopoly endowed by law. Although it has the function to promote technical innovation, encourage market competition and so on, the right holder as a rational economic man are likely to implement rights beyond the law limits in order to obtain greater economic benefits. The grant-back clause set in the intellectual property license agreement, which require the licensee must grant-back the improvement or innovation of the original technology to the license in the future, and it both has a positive and a negative effect on market competition. The existence of the restrictive clauses will make free and fair competition order been disrupted, customers’ interest will been damaged and technology advancement will been blocked and the market competition and the social public interests will been seriously harmed. Therefore this paper mainly makes the grant-back clause which has a negative effect on the market competition as the research object, and to make that whether it belongs to the abuse of intellectual property right, how to judge it and how to apply anti-monopoly law to regulate it effectively as the starting point. And meanwhile, this paper is based on the theory of the unity of opposites and the coordination of intellectual property and anti-monopoly law, analysis and research on the causes of the grant-back clause, the advantages and disadvantages effect on market competition, the relationship between the grant-back clause and the abuse of intellectual property, the necessity and principles of analysis of the anti-monopoly law regulating the grant-back clause and the specific accreditation procedures of the grant-back clause constituting monopoly or impeding market competition. Although antimonopoly law has promulgated the implementation, still lack of the systematic anti-monopoly regulations of the abuse of intellectual property rights, such as the grant-back clause constituting monopoly or impeding market competition. Based on this, this paper combine the situation of our country and draw lessons from advanced systems and concepts of foreign country in regulating the grant-back clause of intellectual property license. In order to explore how to construct and improve the regulation system of anti-monopoly law of the grant-back clause of our country, so as to provide reference for practice.

Related Dissertations

  1. Research on Combinatorial Regulation of Multiple Transcription Factors,Q78
  2. Study of the High Temperature Gas-Liquid Two Phase Flow Rate Proportional Conrtol Valve,V233.2
  3. Biosynthesis of Amorpha-4, 11-diene, a Precursor of the Antimalarial Agent Artemisinin, in Escherichia Coli Through Introducing MVA Pathway,TQ463
  4. H chemical enterprises cooling loop quality control,F426.7
  5. The Research on Regulation Reform for Chinese Administrative Monopoly,D035
  6. The Influence of Long-term Regular Exercise to the Distribution and Change Regulation on Human Skin Temperature,G804.2
  7. Cloning and Functional Analysis of Lytic Enzyme Production Related Gene Ctp in Lysobacter Enzymogenes Strain OH11,TQ925
  8. Research of Screening and Function of P53 Regulators in KZNF (AxZ Type、SABZ Type and ACxZ Type) Family,R730.2
  9. Research on the Mutation Breeding of Flavomycin and Regulation of Fermentation Techniques,TQ920.6
  10. The Research of the Corporate Culture for Qing Dao City Water Conservancy Project Quality Inspection Center,F270
  11. Robust Tracking Control for Nonlinear Systems,O231
  12. On the oil industry monopoly Legal Regulation,F426.22
  13. The Antitrust Law Study on Abuse of Market Dominance,D922.294
  14. On the Objection to Jurisdiction of Civil Litigation,D925.1
  15. Researches on Discrimination in Employment and Its Legal Regulation of China,D922.5
  16. Research on Barriers to Entry and Government Regulation of Public Utilities,F299.24
  17. Influence of the use of bribery,D924.392
  18. On the Legal Responsibility of Administrative Restriction of Competition in Anti-monopoly Law,D922.294
  19. China under the framework of the rule of law and government regulation of audit model,F239.22
  20. Review Procedure Civil Retrial,D925.1
  21. A Study on Barriers to Entry of China’s Representative Industries,F203;F224

CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
© 2012 www.DissertationTopic.Net  Mobile