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Finally the intellectual property holders received information how they can evaluate the benefits of restriction which can create temporal patents. Analysts prefer the report which was issued in 2007 to that of 2005 since the former report can be easily be analyzed. Chinese regulators need to create document that properly enforces the anti-monopoly law areas that are in the section of intellectual property. Enforcement of anti-monopoly law against the intellectual property provision is very complex and that is the reason why the United States and the European Union came up special policy to resolve the conflict between the two departments. Many of the laws which were enacted specifically dealt with violation of intellectual property rights. Experts urge Chinese regulators to enact a similar document in order to create a balance between the two policies that will be beneficial in solving the issues that already exists.
A general judicial action or interpretation is not sufficient to resolve the conflicting issues in these sectors of law enforcement. The international community recommends that the Chinese regulators should enact a guideline that will be enacted as a legal document which will specifically deal with intellectual property issues that are related to ant-monopoly law. They are to ape from the European Union and United States guidelines which provide important interpretation that is needed before pronouncing judgment to an intellectual firm which might be sued on the basis of anti-monopoly law. For instance the United States report on the contact of anti-monopoly law in intellectual property law provided various examples and explanations on how the implemented principles were supposed to be applied in resolving license issues in relation to anti-monopoly law.
Therefore Chinese agents and analyst are supposed to create guidelines that can be used to determine the effects of license restriction on market completion as well as the existing balance between anti competitive and pro-competitive nature of intellectual properties. Such efforts will enable the anti-monopoly agencies to realize the shared objectives like innovation improvement as well as customer welfare. Such initiative will be of great importance in the near future in creating a balance between intellectual property and anti-monopoly laws. One of the ways that the Chinese government can achieve these is by learning from the countries which have had such policies before them. It’s important that this is done on the basis of factors that will be favorable to china.
The international community recommends that to begin with china needs to implement general principles which can be used to bring clarity on the existing relationship between the anti-monopoly and the intellectual property law. This is important because of the shared goals between the two departments. The United States document insists that anti-trust protects competition not because of its own selfish reasons but because it want to enhance efficiency at the market place. Therefore this should be the important guidance in implementation of new guidelines that are meant to create a balance. The regulations which are to be created must have the same objectives for instance, efficiency promotion, and consumer protection as well as enhanced economic growth. The anti-trust must seek to accomplish the above responsibilities while the intellectual property rights should work towards promoting technology as well as national economic growth.
Once these important principles are established it will be easy for the courts and the common public to understand the underlying correlation between the two departments. This will bring a solution to one the issue that has been the cause of many conflicts between firms that are associated with market dominance and those which are trying to get to the market. The hottest issue in the intellectual property rights has been the aspects of IP licensing that create positive competition. this will also help to a great extend in clearing the misconception about strict intellectual property rights which many has thought that its main cause of monopoly in Chinese markets. These are the lessons that china may learn from the United States anti-monopoly law. Chinese regulators may also learn from the way the European Union solved the conflicts between its competition law and the intellectual property laws.
What the European Union did was to create an exemption block. Such exemptions create an immune zone between intellectual property provisions and those of the anti-trust. Such arrangements make pro-competition arrangements that deal with licensing to be immune to anti-monopoly laws. One of the main contributions of such a practice is that it helps in creating an important balance which creates the needed freedom among the specified parties. On addition to that such an initiative helps in elimination of the previous uncertainties on the relationship between the specific parties. Experts argue that such an effort might create many incentives to the foreign investors who are planning to invest in china. Other main recommendation is for the Chinese regulators to come with something similar to the United States approach “rule of reason”. It’s true that the priorities of the United States are different from those of china yet the same approach might work well in the two different countries. Therefore different states priorities should be a hindrance in applying an approach that might yield many fruits.
Therefore the international community recommends that china should apply the same approach that the United States used in addressing the competition issues that emerges from licensing agreements which are usually done under the intellectual property laws. Rule of reason may further be of great help to china by providing the necessary help that might be needed in handling some difficult situations that are not addressed in mandatory laws. Therefore the United States approach collectively works in creation of further legal clarity to both the public and the intellectual property holders. Enactment of sound laws is important since it can solve many economic issues that might be affecting a particular nation. It is therefore important for future Chinese regulators to put into consideration economic and social aspects which may help them to find the needed solution rather than unreasonable adapting the legislative models of the states that are ahead of them in the same issue.
People who will regulate the Chinese anti-monopoly law in the near future are requested to bear in mind the objectives of the law which will remain. Therefore any step that must be done should aim at improving innovations as well as nation’s economy. They are also supposed to ensure that the market in place is sound in the sense that domestic and foreign intellectual property companies can access equal opportunities which will enable them to take part in international and domestic business which are guided by competition principles. Chinese anti-monopoly law was enacted in the recent past therefore, the courts in China still lacks the sufficient knowledge and skills needed in handling anti-trust issues. Therefore most of the laws that might have been enacted by this courts maybe wanting because of experience deficiency.
In addition to learning from the previous laws of the United States and the European Union china has been advised by the international community on the necessity of setting a three year mechanism which is to carry out any necessary review process. This is important if China is aiming at determining the fruitful prospects of the anti trust and intellectual property prospects. On addition to that the proposed review process will play a great role in formulation of useful guidelines that will be used to strike a balance between intellectual property and anti-trust monopoly laws. These review process is essential in creating the needed clarity between the relationship that exist between the intellectual property and the anti trust monopoly Chinese systems. It’s important for china to hearken on the recommendations that have been given by the international community since the above information is crucial for influencing and encouraging foreign investors who will greatly contribute to the much needed improved technology.