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Studies On International Antimonopolize Legal Issues In The Region Of Intellectual Property

Posted on:2005-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:L N ZhuFull Text:PDF
GTID:2156360122996808Subject:International Law
Abstract/Summary:PDF Full Text Request
In the course of global economy integration, transnational economy activities of intellectual property are becoming increasingly frequent. Transnational monopoly action of abuse of intellectual property rights is increasing too. If law is not handled properly, the action is bound to disrupt the international maket competition and to hinder the advance of science and technology. However intelletual property is the monopoly right that is given to obligee by law. It is not administered by antimonopoly law usually.For the contradiction, the article analyses intellectual property and international antimonopoly law respectively at first, dissects their mixed relations and clarifies international antimonopoly of intellectual property is essential. Secondly, the article thinks behaviorism is system standard of antimonopoly of intellectual property. So the article studied focally monopoly action about intellectual property and summarizes two kinds of monopoly action about intellectual property that are administered by international antimonopoly law: the transnational monopoly action and the domestic monopoly action that injured foreign competition in internal market. Thirdly, the article presents antimonopoly legislation of intellectual property is set respectively by America, the European, Japan , Taiwan and international organization. Through studying comparatively of that legislation, the article suggests making international antimonopoly law in WTO. Finally, combining internal legislation of antimonopoly of intellectual property with internal reality, the article suggests making antimonopoly law quickly and making special antimonopoly rules of intellectual property.Every country should attach importance to antimonopoly of intellectual property when they are paying attentions to protecting intellectual property. Wholesome and ordered international maket competition need international antimonopoly law. At the same time, internal reality tells us not to ignore monopoly action about intellectual property. It is essential to make internal antimonopoly law and develop antimonopoly rules of intellectual property.
Keywords/Search Tags:Intellectual property, International antimonopoly law, WTO
PDF Full Text Request
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