Anti-Monopoly Legislation On Intellectual Property Misuse

With the rapid development of science and technology, the new technological revolution all around the world which is mainly represented by the revolutions on the computer, network and communication technologies, has pushed the human society into a completely new era-the age of knowledge economy. In the process of economic globalization, the multinational activities on intellectual property rights are happening with increasing frequency, and the efforts on intellectual property protection are also strengthening everyday. As a legal monopoly right, intellectual property usually exists as a suitable exception to the antitrust law, but we can't ignore the limitations of intellectual property protection, such as the problem which appears when the intellectual property rights protection is abused. In 2007, China promulgated the anti-monopoly law, which is a big step for the development of the market economy. However, in the existing legal system, there is a lack of direct application rules if the intellectual property law is practically applied. This causes a hard situation for the application of the laws. Because the laws associated with the intellectual property in our country are still not perfect, there are no enough effective protections for enterprise development. This also seriously restricts the economic development at the mean time. Since intellectual property protection has the ultimate goal as the anti-monopoly law, this thesis aims to set up with the regulations of law for intellectual property law abuse, which is based on the anti-monopoly law. This will provide a powerful law support for the enterprises in our country in the competition with multinational corporations, thus they can safeguard their own lawful rights and interests equitably and justly in the international economic activities. Regulations of intellectual property rights abuses based on anti-monopoly law has been a key problem studied by Chinese scholars for many years. However, this research is still under exploration stage both academically and practically. This thesis follows the same way as the general method in the world, gives a deep theoretical study, and discusses how to establish a feasible and maneuverable regulation of the abuse of the intellectual property legal rules under the current anti-monopoly law system in our country.This thesis is organized as follows. Part 1 is intended to discuss the basic theory of intellectual property abuse, including the concepts, forms of expression and harmfulness of intellectual property abuse. Part 2 is intended to elaborate the intellectual property misuse from the point view of anti-monopoly, and introduce the anti-monopoly legislations on intellectual property misuse in the main developed countries and regions. This will help to establish our own anti-monopoly system and provide theoretical basis for reference. Part 3 presents the nowadays status and deficiency of the legislation in our country, and points out the main questions. In the last part, we compare and study approaches which already exist in foreign countries, establish the basic regulation principles, elaborate in detail about how to establish prescriptive regulation rules and build a special law censorship, and finally put forward a preliminary proposal about regulating intellectual property misuse in China based on our anti-monopoly law system.