The Regulation Of Anti-monopoly Law Toward Abuse Of Intellectual Property

Rights as a power of the people, who can free to choose to do or not to do something,or require other person to do or not to do something. It does not mean that exercise of rights can not be restricted, in contrary, for purpose of protection of public interest, the restriction to private right will be more strict.The 21st century is the era of knowledge, the protection of intellectual property rights is a two-edged weapon. The protection is good at promoting innovation of science and technology. However, The intellectual property is conflict with antimonopoly law in natural, but both of them can be coordinated, since both are committed to promoting social progress and creating common interest. Anyway, the confliction of both perform in hindering of excision of IP for competition.The core purpose of Paper is to solve the problem how to rule and regulate the abuse action of IP using antimonopoly law in China. The Paper is composed of five parts to discuss this core issue.The first chapter to discuss the relationship of private rights and public power from the angle of development of right for positioning of intellectual property rights in social. Analysis the monopoly using economics method and define the values of antimonopoly law Than analysis the confliction and harmony between IP and Antimonopoly Law.The second chapter, discussion Antimonopoly Law (Antitrust Law)rules and regulations of American, Eurpeon and Japan which refer to abuse of IP. And summary the regulated model of abuse of IP in the World.The third chapter, to definite special concept of IP abuse refer to antimonopoly law, such as market domination and related market. And analysis abuse action of IP in obtaining, transferring and licensing action of IP, and proposed regulated method using antimonopoly law. The Copyright collective management organizations is special organization which use market domination to hinder the competition of market, it is different from other IP abuse action, so discussed separately.The forth chapter based on discussion and conclusion current antimonopoly law and regulation refer to abuse of intellectual property rights and according to revelation of practice of legislation and Judicial in countries discussion in second chapter to proposed suggestion and advices to China Antimonopoly Law...