Research On The Anti-monopoly Law Against Intellectual Property Abuse

Intellectual property right has become a major component of the international economic and trade, In recent years, some developed countries imposed protection of intellectual property as an excuse on China's enterprises frequently, in contrast to the abounded abuse of intellectual property in western transnational corporations. But China can't make a strong retort for the lacking of relevant mechanisms, so that China's enterprises have been in the huge loss of intellectual property dispute. At present, the antitrust regulation of intellectual property abuse has attracted widespread attention. It is not only a concern of intellectual property law's theory but also the important issue of the anti-monopoly law's theoretical circles. China has promulgated the Anti-monopoly Law, which signifies that China's anti-monopoly legislation has made substantive progress. But it can not solve all the antitrust problems completely, so the antitrust regulation against the abuse of intellectual property antitrust regulation has been necessary to be discussed thoroughly, Following this view, four chapters are presented in this paper: in the first chapter, the intellectual property abuse is analyzed, including the definition of the abuse of intellectual property, the analyze to the main forms and sources of the abuse in restriction of competition, according to the classification of restrictive practice in market competition in China's Anti-monopoly Law. Chapter II describes the legal regulation theory of intellectual property abuse, firstly explains the legal basis for the regulation, analyses the inadequate system of intellectual property laws, and finally educes the anti-monopoly law, particularly relationship between intellectual property and the anti-monopoly law. Chapter III, by the way of comparative analysis, the foreign Legislative Reference to China is discussed in detail. Chapter IV describes on the status of China's legislation investigation and recommendations. In the same time, focusing on the analyses of China's Anti-monopoly Law related content and rationality, referring to foreign experience, the paper presents some suggestions: China should formulate anti-monopoly guidelines or regulations promptly and coordinate the existing legal system timely. China also should establish the anti-monopoly law enforcement agencies with independence and authority. I hope the paper can help China improve the system of "anti-monopoly law" for intellectual property abuse.