Anti-monopoly Law Regulation Of Intellectual Property

Nowadays, the informational society develops fast. More and more countries and regions pay attention to the legal protection related to intellectual property and legal regulation of right abusing. As a significant method of legal regulation for the abuse of intellectual property, antimonopoly law also performs its important position. Complex consistency and conflict exist between intellectual property and antimonopoly regulation. It is because that the kernel of protective system of intellectual property is to promote application and transmission with payment of technology based on the reasonable protection of the innovator's profit. Nevertheless, antimonopoly law advances the technological invention and improves the protection of consumer's interests according to forbidding the existing or emerging behavior that are harmful to competition. Though the purposes of them are different, indeed they are complementary. However, the essence of intellectual property is a legal monopolization allowed by law, while the basic mission of antimonopoly law is to object to monopolization and protect free and fair competition. There are potential contradiction and conflict between them. Thus, it is necessary to make the mutual goal of social interest's balance prominent in accordance with specific principle and method to coordinate and avoid such kind of contradiction and conflict. Through the research on regulation of antimonopoly law of intellectual property, sally port can be found for maintaining the internal harmony and unity of legal system, maintaining the balance of competition and intellectual property, and achieving the purpose of maintaining the competition and inspiring innovation. From the analysis of the legitimacy of existence of them, the paper indicates aiming at the problems above. It is divided into four parts.The first part of the paper primarily researches on legitimacy of monopoly attribute of intellectual property, the necessity of regulation on abuse of intellectual property with the method of antimonopoly, the coherence, and the conflict of them. First, summarize the fundamental theory of intellectual property and states the monopoly of intellectual property referred to in this paper in details. Then, theoretical analysis is provided to the inherent monopolization of intellectual property with labor theory of Rock and"personality of property"of Hegel. According to different theoretical perspective, obtain the conclusion that the legitimacy of the monopoly of intellectual property exists without a doubt. Next, according to the demonstration of the fundamental theory of antimonopoly regulation, analyze the necessity of regulating the abuse of intellectual property with the antimonopoly law. Finally, analyze the coherence, contradiction, and conflict of them in details and indicate that coordination of the conflict is the most significant part for the antimonopoly regulation of intellectual property.The second part of the paper analyzes and compares two regulation methods of the intellectual property's abuse from the perspective of amazing the advantage and disadvantage of the regulation of intellectual property by antimonopoly law. During the comparative process of the two modes of regulation, the regulation of intellectual property and anti-unfair competition law, summarize the difference and advantage of the regulation of antimonopoly. In addition, through the conclusion of the character and limitation of the antimonopoly regulation, find out some aspects of antimonopoly law requiring breaking through and perfection.The third part of the paper states the specific implementation methods of the regulation of antimonopoly law of intellectual property in current stage, at the same time, it analyzes and research on the real maneuverability of regulation of antimonopoly law. Besides, brief conclusion is provided to the current situation of development of law-enforcement of antimonopoly regulation of intellectual property. Detailed analysis is provided to the coordination of intellectual property, principle and specific method of regulation of antimonopoly law. List three kinds of systems of antimonopoly regulation for the abuse of intellectual property, including system of forbidding abuse of dominant position of the market, system of forbidding united limitation to the competition, and system of controlling the combination of the enterprises. Finally, I research on the development of regulation of antimonopoly law of intellectual property in the world. For example, the legislation and law-enforcement methods of antimonopoly law in America, EU, Japan have been listed. Then put forward the problems that should be noticed in the law-enforcement methods of antimonopoly method at present. At last, the paper analyzes the relevant rules on regulation of the abuse of intellectual property in antimonopoly law in our country. The character and limitation of the antimonopoly law in our country is concluded. Meanwhile, through putting forward some aspects that should be noticed for the perfection of related rules, suggestions are put forward for relevant details of the formation of antimonopoly law regulation.