IP Licensing Competition Law Guidelines for Developing Countries: Implications from U.S., EU, and Japanese Guidelines

摘要

Licensing of intellectual property (IP) has played a vital role for dissemination of　technologies, and has contributed to spread innovation across industries. In consideration　of this, and also taking into account exclusionary power granted to IP holders by IP laws,　competition agencies in major developed countries/regions, most importantly, U.S.,　European Union (EU), and Japan have set up guidelines on application of competition　laws to IP licensing. In contrast, developing countries, including China, have yet to　develop their competition law guidelines on IP licensing. This article compares　competition law guidelines on IP licensing in U.S., EU and Japan, aiming to propose an　outline of a model guideline for developing countries. Following Introduction (Part I),　Part II considers how to set up “White lists” through distinguishing vertical from　horizontal restraints. Part III considers how to set up “Black lists” (restraints treated as　virtually per se illegal). Part IV considers how to set up market power screen as well as　safe harbors. Part V considers how best to apply the rule of reason. Part VI, as conclusion　and summary, lists recommendation to developing countries for their IP guidelines.