Comparative Study Of Ani-monopoly Regulation In The Area Of Intellectual Property Of Sino-Korea(The Republic Of Korea)

With the economical development and the further movement of reform of marketing economy of the PRC, the anti-monopoly regulation plays a more and more significant role in the PRC, and the relationship between the anti-monopoly regulations and the intellectual property regulations must be paid attention to than before.According to the scholar's opinion of the PRC, the intellectual property, in its format and in the microscopic and static view, represents a legal right of monopoly, which is helpful to achieve the basic goal of intellectual property, i.e. stimulating innovation. While the intellectual property, in its nature and in the view of macroscopic and dynamic state, represents as a promotion of competition. The two sides of intellectual property are conflictive but form a unified whole. Therefore, at the current economic development stage of the PRC, the intellectual property, as a legal monopoly, shall strength the protection through the intellectual property regulations and stimulate the innovation, on the other hand, shall restrict the abuse of intellectual property by the monopoly enterprise through the anti-monopoly regulations and protect the competition. Then, how to adjust or balance the relationship between protecting the legal monopoly of intellectual property and restricting the abuse caused by the extra monopoly of intellectual property, is and will be a important issue of the anti-monopoly regulations of PRC. The monopoly case of the Microsoft Company may be currently deemed the anti-monopoly case with the most affect in the field of intellectual property, and the USA, EU and Japan have accumulated the relevant legal experience. Korea, as a country has the similar systems of anti-monopoly with the PRC, also made the punishment on the monopoly of Microsoft, and accumulated certain experience. After the four-year investigation, on 7 December 2005, the Korea Fair Trade Commission made the final verdict, pursuant to which, the bundle sale of multi-media player and the MSN communication software and the operation system of Windows by the Microsoft breaches the principle of fair competition, the Microsoft is adjudged to pay KRW 33 billion as penalty and delete the relevant software from its Windows systems.After the announcement of the Anti-monopoly Law of the PRC, the individuals had applied with the anti-monopoly department of PRC for launching the anti-monopoly investigation relating to the Microsoft, we may forecast that there will be more and more anti-monopoly cases against the multinational companies including the Microsoft in the future. This article aims to, through analyzing the aforesaid judgment of the Korea Fair Trade Commission, analyze and compare the relevant legal issues on the anti-monopoly field of the PRC and Korea and disclose the relationship between the protection of intellectual property and the marketing competition as well as the enlightenment of their experience.In this regard, this article will elaborate the anti-monopoly regulations in the area of intellectual property between China and Korea:This article mainly elaborates from following six aspects:First chapter is "The background and importance of the monopoly case of the Microsoft company". In this charpter,â… will elaborate the Microsoft anti-monopoly lawsuit in American, European Union, Korean as well as China's basic situation. The practice and process of the Microsoft lawsuit in American, European Union, South Korean and China is respectively dissimilar. Through the basic introduction of the entire legal settlement process in these nations and area,â… attempt to explain, under the new economy, the relationship between intellectual property rights protection and the anti-monopoly regulation is a important question which we must face. The implication of the Microsoft case tells us how to limit the legitimate monopoly of intellectual property rights in knowledge economic era.Second chapter is "The basic relations and principles between intellectual property rights and counter-monopoly". In this charpter,â… will elaborate the relationship between abuse of intellectual property and regualtion of anti-monolopy from the basic legal doctrine, especially under the conditions of new economic era.Third chapter is "The comparison of counter-monopoly rules and regulations for intellectual property rights domain in main countries and area of world". As an international problem, it's important to compare legislation and judicial practice for anti-monoply in intellectual property domin in different countries and areas. Comparison will make us know more for this question. Through analysis of legislation and judicial practice in different countries and areas, we will have a full view for this problem.Fourth chapter is "Legislation comparison for counter-monopoly rules and regulations of Intellectual property rights between China and Korea".This chapter discussed the counter-monopoly legislation in intellectual property rights domain between China and Korea from the angle of legislation, but because China and South Korea have few laws and regulations in this area especially legislation, thereforeâ… will mainly elaborate the comparison of counter-monopoly legislation between China and South Korea.Fifth chapter is "The comparison of implementation mechanism for counter-monopoly in intellectual property rights between China and Korea". In this charpter,â… want to elaborate the different features through the comparison of the enforcement agency and the investigation enforcement procedure of counter-monopoly law between China and Korea. Andâ… hope that we can give China some suggestions for counter-monopoly in intellectual property rights domain through this analysis.Sixth chapter is "The consummation for counter-monopoly rules and regulations in China intellectual property rights domain". In this charpter,â… will summarize the experience of South Korea in this area, and unify the present situation of China's, to propose some suggestions to consummate the counter-monopoly rules and regulations in intellectual property rights domain of China.After all, according to the circumstance of the Korea Microsoft Anti-monopoly case and based on the comprehensive analysis of Microsoft counter-ridge case of the whole world, this article, through the instruction of the American Microsoft counter-ridge, comparatively analyze the legislation rules and regulations relating to the intellectual property of relevant countries and region. This article also compares the legislation and implementation of anti-monopoly of PRC and that of the Korea, especially the rules of intellectual property. Based on the research of the Anti-monopoly laws of Korea and the anti-monopoly rules on Intellectual property of the Korea, this article indicates the current circumstances of the Anti-monopoly Law of China and the anti-monopoly rules on intellectual property, and discusses the relevant experience and measures of Korea for the reference of China.