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Intellectual property rights raixe difficult problems under
competition law. First, thereis an obvious tension between
systems that confer legal monopolies and systems that are
intended to ensure free competition. Most systems of competition
law find difficulty in deciding how far intellectual property
rights may legitimately be exercised or licensed, without
placing unjustifiable restrictions on free competitive activity.
In R.O.C. we have the same difficulties, especially when
competition policy may affect certain incentives to new
technology transference and guards against certain risks to
competition which stem from restrictive business practices
involving the licensing of technology. Since competition
authority cannot simply adopt a permissive policy as
intellectualproperty licensing agreement can lead to serious
cartel problem, including price-fixing, output restrictions and
market and customer divisions. Hence, care should be exercised
so that competition law enforcement does not hamper the creation
and diffusion of innovations. The object of this Article is to
find the correct balance which satisfies all of these concerns.
Thus the contents of this. Article will be as follows: In
chapterⅡ, We outline the conception of what intellectual
property rights licensingreally means. Then the next chapter we
develop the inter-relationships between the licensing of
intellectual property and the competition policy, with setting
forth the anticompetitive and procompetitive rationales for
various licensing provision. In chapter Ⅲand Ⅴ, the principal
points of antitrust law associated with IP licensing in the VSA
ans EEC will be dealt with. And in the last two capers, we will
summarize the main lessons and provide asuggested structure how
R.O.C. should take for the review of licensing agreements by
authority officials
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