竞争法对知识产权许可的限制

Restrictions on Competition Law on Intellectual Property Rights

知识产权法是通过赋予知识产权人专属利益最大化来刺激更多的发明创造的出现,无形中推动社会进步;而竞争法则是通过限制不正当竞争来促进市场健康、有序的发展。应当处理好知识产权这种独占性权利与反不正当竞争之间看似相生相克,实则相辅相成的关系。因此,规制知识产权许可中的权力滥用便成了题中之意。

License problems are common in the field of intellectual property rights,whose permit systems include some inner restrictions. This paper focuses on the external restrictions. Intellectual property law aims at stimulating more inventions by assigning the intellectual property rights to the inventors to maximize the benefits of the invention,thus promoting social progress. While the competition law aims at promoting the healthy and orderly development of the market through the restriction on unfair competition. The relationship between the exclusive right of the intellectual property rights and the aim of anti-unfair competition is seemingly contradictory yet complement to each other,and needs to be well dealt with. Therefore,the abuse of power in the regulation of intellectual property rights is the problem.