Study On Antimonopoly Legislation In The Field Of International Intellectual Property

As the 20 century was coming to an end, the world was shocked at the case of Microsoft monopoly, which caused a widespread concern in the field of intellectual property right and anti-monopoly legislation . As a result, people have to reconsider such problems.Intellectual property is a legal monopoly , that is , law entitle the obligee to the right to monopolize or possess a particular object. In other words, the obligee, with intellectual property right, exclusively possesses or exercises his intellectual property right within the range allowed by laws. If the oblige abuses his monopoly right and consequently implements limiting trade or competition, the oblige will violate the anti-monopoly law. Therefore, the basic theory of the anti-monopoly law is that the intellectual property right is a lawful monopoly right; the abuse of it should be prohibited. Thus the relation between the two is complicated for in some cases they are identical but in other cases they are in conflict with each other.In China, the law academy does not seem to attach enough importance to such issues. At present, the basic anti-monopoly legislation has not been established, not to mention the anti-monopoly laws concerning intellectual property right. With the coming of intellectual economy era and the entering WTO, such issues will become increasingly important.In my paper, I firstly give a brief idea about intellectual property right and anti-monopoly legislation. Then I introduce the related practice in America, Japan, E. E. C Taiwan and so on. Finally drawing upon the experience of other countries I advance my own conception of anti-monopoly legislation in the field of intellectual property in China.The purpose of choosing this subject is to make the professionals inlaw academy aware of the importance of this issue and quicken the processof law-making in order to perfect the legislation and to produce a up-to-date Chinese-featured anti-monopoly law, which can undoubtedly regulate competitive behaviors to uphold competitive order and the related people's legal interests and promote the development of our economy.