The Research On Intellectual Property Rights Through The View Of Competition Law

The establishment of the system of Intellectual Property Rights fundamentally resolves the problem of the ownership of "knowledge" which is regarded as a kind of wealth. As a system that stimulates and adjusts the interests, it comes with no doubt that the core of this system is protection. Intellectual Property Rights link closely with Competition Law: Anti-Unfair Competition Law can provide Intellectual Property Rights with more extensive and more sufficient protection; Antitrust Law can prohibit the abuse of the Intellectual Property Rights. Therefore, it is essential to discuss the problems of Intellectual Property Rights under the framework of Competition Law. This article tries to analyze them from the following aspects:Firstly, we will discuss the relationship between Intellectual Property Right and competition or Competition Law. Intellectual Property Right is a new kind of private right that is parallel with such rights as real property and movable property. It is an exclusive civil right with intellectual product as its object. Meanwhile, the essence of the competition is a process during which the main bodies in legal relations are trying to win as much customers and businesses as they can in the market for the purpose of protecting their own interests and getting rid of their competitors. The competition can effectively allocate the rare resources, but when it comes to the problem of competition and monopoly, excessive competition will easily lead to monopoly, therefore the negative effects of competition can't afford to be ignored. It was exactly because of these negative effects that the modem society felt the necessity of adjusting the competition. As a result, Competition Law came into being. As acomposition of all the laws and regulations that adjust the relations in competition in the market, Competition Law realizes its purpose of adjusting competition relations through Anti-Unfair Competition Law and Antitrust Law. Since the Intellectual Property Rights and competition are closely linked and mutually promoting, it comes with no doubt that Intellectual Property Rights and the Competition Law will play the same important role in promoting the completion and protecting consumers' interests although their characteristics are not the same.Competition Law expands the scope of the protection of the Intellectual Property Rights, which is typically embodied in the regulations of Anti-Unfair Competition Law. Of course, the acquisition of Intellectual Property Rights is a kind of acceptable restriction to the competition, but the improper implement of Intellectual Property Rights should subject to the regulations in Competition Law. We can put it in this way, if the implement of Intellectual Property Rights exceeds the necessary boundary and causes improper damages to other people's interests or public interests, Competition Law (Antitrust Law) will play its role.Secondly, we will discuss the relationship between Intellectual Property Right's protection and Competition Law. As two important legal systems, Intellectual Property Right protects the creator's rights through setting up legal rights, while the Competition Law protects the rights and protects the fair competition through prohibiting the unfair competition. These two legal systems are coordinative and mutually compensating. On the one hand, "anti-unfair competition right is a very important element of "Intellectual Property Right", on the other hand, they protect the fair competition system in the market coordinately.From the definitions of unfair competition which were given by the legislative and judicial departments of all the countries, the unfair competition is such kind of business operator's behavior which is not only against the Principle of Good Faith and other universally acknowledged business ethics, but also causes damages to the legal interests ofconsumers or other business operators and disturbs the social economic order. As a law that regulates the unfair competition behaviors, Anti-Unfair Competition Law is...