Research On The Legal Regulation Of Intellectual Property Rights Abuse

Intellectual property is intangible products of human mental creation of a proprietary right to object, and its specificity is in a certain range of time and space monopoly under the law. Because human nature makes the pursuit of the interests of intellectual property can easily be abused and undermine market competition order and the expense of other competitors and consumers. Therefore, not only to protect the intellectual property system the interests of intellectual property rights, but also to protect other people and the public interest, to prevent the abuse of intellectual property rights. Since China's accession to the WTO in order to meet the requirements of WTO, has been emphasizing high standards of intellectual property protection, but they ignore the abuse of intellectual property. As China's "anti-monopoly law," the promulgation and implementation of how to regulate the abuse of intellectual property increasingly widely appreciated. Based on this, the general theory of intellectual property through the analysis, based on its national conditions, learn the advanced experience of foreign countries to explore the abuse of intellectual property for our system of legal regulation.In this paper, economics, sociology, law, and many other disciplines angles, using the empirical analysis and comparative analysis, methods of analysis. Article is divided into four chapters total. The first chapter is a general abuse of intellectual property analysis and presentation, so that the reader has some knowledge of the abuse of intellectual property rights; second chapter is to clarify the theory of regulation based on the abuse of intellectual property rights; third chapter on foreign control of intellectual property through abuse of the legal system study, summarizes the relevant legislation and experience with significance in China; The final chapter is to improve and perfect the existing regulation of abuse of intellectual property law regime.