On Regulating Abuse Of Intellectual Property Rights By Anti-Monopoly Law

On the condition of knowledge economy, intellectual property rights (IP rights) are more important than before because the knowledge and information became wealth day by day, it has been becoming the greatest motive force of economy development. Undoubtedly, IP rights must be protected as one kind of monopoly rights legally. But this kind of rights will destroy market competition order if abused, then damage interests of the society and consumers, so the abuse of the IP rights must get certain restricted. The system of intellectual property can form certain restriction itself, the owner of IP rights can seek to the counterplea of abuse from fairness, justice and honesty principle of the civil law too. However, it is the anti-monopoly law that can be the most effective constrain means to the abuse of intellectual property right. This is compatible with the legal value of the anti-monopoly law that protects competition fairness effectively and efficient market order, and it's also the summary of experience about anti-monopoly legislation and enforcement in the field of IP law in various countries.Our country has not set up the intact legal system of anti-monopoly yet at present, let alone the anti-monopoly regulation system on the abuse of intellectual property rights. This causes that numerous domestic enterprises encounter foreign IP infringement and accuse again and again at home and abroad, also causes a passive state that we hadn't powerless arms in the face of transnational enterprise seize huge interests by monopolizing of intellectual property rights. Therefore, facing the IP rights enclose of transnational from developed country obviously day by day and the commitment of our entering the WTO, as well as fully considering appropriate protection level on IP rights at present in our country, we must regulate abuse of IP rights legally, in order to protect the domestic industry as much as possible. This is very urgent at present.After comparing legislation of domestic and overseas on IP rights, we can clarify the internal legislation according to foreign experience to set up and perfect theanti-monopoly legal system on abuse of IP rights as soon as possible. No matter maintaining domestic free and fair competition order or maintaining interests of our country in international economics, it is very important and meaningful.To develop the content mentioned above, this dissertation is divided into three parts:The first part introduces the relation of IP rights abuse and anti-monopoly law. As the foundation of analyzing, we introduce the concept of IP rights and abuse of intellectual property briefly firstly, define the IP rights are a kind of rational monopoly rights in fact that should be protected by law, while such rights be abused if being exercised inappropriately. Then we point out that the necessity and urgency to regulate abuse of IP rights in our country and why we must choose anti-monopoly law as the means to restrain the abuse of IP rights.The second part is an analysis of the law mentioned above at home and aboard. By comparing, the legislation on regulating abuse of IP rights in foreign countries and international organization is a useful reference to our country.The third part is the highlight of this dissertation. On the basis of two parts above, I make out several questions about regulating abuse of IP rights by anti-monopoly law, and suppose some relevant administrative formula that should be made out after the pass of anti-monopoly law.