On The Conflicts And Harmonization Between Intellectual Property Law And Antimonopoly Law

In order to meet the needs of economic globalization and knowledge-based economy, on one hand, we must raise the protection level of the intellectual property in sure the harmonious order of intellectual property in the condition of knowledge-based economy; on the other hand, we must avoid the antimonopoly action caused by abusing intellectual property so that we can retain in advance the space for the public benefit and keep the normal order of competition in market .So it has theoretic and practical significance to study thoroughgoing and carefully the relationship between the intellectual property law and antimonopoly law. The study is helpful to enrich and perfect the theory of intellectual property law and antimonopoly law so as to provide the concrete reference views to China's legislation on antimonopoly and antimonopoly in the realm of intellectual property.From the appearance of the system of intellectual property, the object that intellectual property protects and the social benefit, the first part of the thesis probes into the question about the rationality of intellectual property, then the thesis analyses dialectically the monopoly quality of intellectual property. As a legal monopoly right, the intellectual property has the possibility to be abused. So the system on restriction of intellectual property rights has been established to control inside. The thesis dissects the jurisprudent base and expression of this system.And the second part of the thesis analyses conflicts' outside expression and inside root between intellectual property law and antimonopoly law. In spite of the control inside, too much protection of intellectual property rights causes the conflicts between intellectual property law and antimonopoly law. The roots of the conflicts are as follows: the first is expansion of civil rights, the second is the conflicts between the individual rights and whole social benefit, and the last is the needs of developed counties.Then in the third part, the author elaborates the theoretic base about how to harmonize intellectual property law and antimonopoly law including necessities, base and principle of harmonization. This provides the theoretic base for us to understand and evaluate well the concrete practice that antimonopoly law prohibits the action of abusing intellectual property rights.In the fourth part, the author introduces the concrete practice on antimonopoly law prohibiting the action of abusing intellectual property rights. On the basis of summing concerning legislation, the author puts forward the guiding ideology on which antimonopoly law restricts action of abusing intellectual property rights in China. The first thing we should do is elaborates not only the harmony but also conflicting relationship between the intellectual property law and antimonopoly law. At the same time, we must pay attention to deal with the relationship of encouraging the production of knowledge and promoting the spreading of knowledge, the relationship of protecting the legal antimonopoly rights and avoiding abusing intellectual property rights and the relationship of following international convention and protecting properly our country' s benefit. According to the guiding ideology, the author lists abusing action that antimonopoly law should forbid including abuse of dominant market position and restriction of competition in licensing of intellectual property.