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Patent license under the international perspective restrictive clauses in their legal regulation

Author: YangShaoLan
Tutor: ZhangNaiGen
School: Fudan University
Course: Legal
Keywords: Patent License Restrictive clauses Anti-monopoly law
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 211
Quote: 1
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Abstract


In this paper, starting from the basic principles of operation of the patent system, to explore the legal boundaries set restrictive clauses in patent licensing, as well as the balance between the protection of intellectual property rights and limitations of this issue reflects. Analysis of the legal basis for its regulation and its significance of technological innovation and economic development. Firstly, starting from the characteristics and nature of patent licensing, patent license showed the three legal property, and thus the practice of the study its the restrictive clauses regulation three legal means, that the special terms and conditions of the contract law perspective limited regulation, patent law point of view of rights abuse regulation and antitrust competition and innovation balance analysis regulation. Through in-depth comparative analysis of the advantages and disadvantages of the various ways to reveal the characteristics of the patent system itself makes it more suitable for the application of antitrust analysis. The second part by the analysis of the U.S., Europe and Japan Dafa domain different regulatory method of the restrictive clauses in patent licensing changes the path of their respective laws and policies, while adding the latest requirements of the three jurisdictions, legal regulation mode, competition effect analysis mode, and Limitations classification model three aspects are compared; make a summary of their development trends at the same time, that on this issue highlights the innovation, and regulatory means to learn from each other and toward integration. Development of international third part of the license from the patent, to explore the field of international law for patent licensing restrictive terms of the relevant international legal norms, the analysis of the characteristics of international level legal and reflects the understanding of differences exist in the field of intellectual property, as well as behind reflect the national interests of contention. Finally, China is currently experiencing issues in patent licensing and existing legal regulation means analysis, looking for the problem in China and means of legal regulation contradiction between proposed to develop in line with China's national conditions, including patent licensing including excessive protection of intellectual property, antitrust guidelines for the implementation of this recommendation, make some suggestions to improve the competitive effects analysis methods in the development of the Guide and our attention to two major balance and regulation mode, in loopholes in the law in this regard. Jurisprudence can not focus only on the law itself, especially for such as patent law and antitrust laws. The patent licensing contact technical innovation combined balance of economic development and legal value, this article through its in-depth analysis and interpretation to explore in the new international environment, the most appropriate technological, economic and legal balance point, and develop the system, promote benign interaction between the three kinds of harmonious development, which is the significance of this thesis.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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