Anti-Monopoly Legislation On Intellectual Property Misuse

The competition in modern enterprises mainly depends on product innovation and technology innovation, and product and technology innovation requires more originality intellectual effort to support. In the era of knowledge economy, intellectual property has become the biggest driver of economic development. However, multinational companies seriously hampered the normal market competition order and socio-economic development, obtained the monopolistic interests of the huge by the abuse of intellectual property to. Our county has been promulgated the "anti-monopoly law" to regulate the abuse of intellectual property, but it is not comprehensive. The needed to introduce a matching set of administrative guidelines and regulations is urgency.This aticle mainly discussed on the regulation of intellectual property abuse by "anti-monopoly law", put forward myself views and called for the introduction of the related administrative guidelines for the regulation shortage. The paper is divided into five parts.The first part is to introduce an overview of the abuse of intellectual property rights, including the concept of abuse of intellectual property rights, manifestations and the necessary for regulation. The second part is the theoretical analysis of antitrust regulation on the intellectual property abuse, described the feasibility and necessity of anti-trust regulation on the intellectual property abuse and the relationship between intellectual property law and antitrust. The third part represents the abuse of intellectual property regulation and the defects of status. The fourth section introduces the status intellectual property abuse of anti-monopoly legislation in developed countries. Legislation introduced first, followed by the description of the Regulation of U.S. and EU antitrust abuse of intellectual property and its development trend of the specific provisions, and finally draw on the experience to our country. The fifth part is the concept to improve the regulation of intellectual property abuse by antitrust law. Proposed anti-monopoly law should be introduced regulatory documents within the field of intellectual property regulation, specified the basic principles of antitrust regulation within field of intellectual property, intellectual property rights provisions of the abuse of anti-monopoly regulation and content of specific ways to set up parallel administrative and judicial regulation mode, set up a dedicated anti-monopoly abuse of intellectual property law enforcement agencies and improve the regulation of the anti-monopoly provisions of the liability of the proposal.