The Research On Making Chinese Anti-monopoly Law On Intellectual Property.

As a starting point of the relationship between intellectual property and anti-monopoly law, the thesis discusses how to make Chinese anti-monopoly law on intellectual property.The first part is the introduction of general theory of intellectual property and anti-monopoly law. Being studying the origin of intellectual property and identity of intellectual product, it proves that intellectual property is a kind of legal monopoly. Protecting competition and fighting monopoly are essential values of anti-monopoly law. On one hand, both intellectual property and anti-monopoly law play the same roles to promote competition, accelerate innovation and protect the benefit of consume, on the other hand, there are some conflicts. When the conflicts happen, we can apply the benefit balance mechanism and pre-emption of anti-monopoly law to solve them. Anti-monopoly law plays special role on restriction of abusing intellectual property.The second part presents some countries legal practices and relevant regulation under frame, such as America, Europe, Japan and international organization. By analysis of them, we will draw the good experiences of the advanced foreign legislation.The third part reviews and appraises Chinese reform course of anti-monopoly law on intellectual property. There were some direct and indirect clauses about anti-monopoly legislation on intellectual property, but strictly legislation are blank space. These clauses are short of theory system, the content is not explicit and scope is limited. The manuscript sent for examination on anti-monopoly in 2005 had some laws, which confined abusing intellectual property on the position of anti-monopoly. But it did not make clear the definition of Intellectual property, further the executive office did not visualize reasonably.The fourth part is about the suggestions on how to make Chinese anti-monopoly law on intellectual property. There are two presuppositions. One is the Chinese anti-monopoly law on intellectual property should be enacted on the basis of contrasting the advanced foreign and linking with the Chinese actual condition, the other is applying of benefit...