Legal Research On Antimonopoly In Intellectual Property In China IT Industry

Intellectual property(IP) is a kind of legal monopoly, which is important not only for the creator, but also for the economy and motivation of a country. But if we don't restrict intellectual property, the creator would abuse it and monopoly the source of information, impede it to transmit and destroy technology to make progress. Especially in information economic period, intellectual property becomes more important, and it is more serious to abuse intellectual property.The knowledge-based economic has been influencing and challenging the limitations of IP. In the circumstance of strengthening protection, the IP tends to enlarge and come into a tool of the developed countries. It's more serious in IT industry. The unbalance led the right limitations to uselessness in practice even going to pieces. It's serious warning that a series of cases of antimonopoly of IP happened in china. Therefore in the author's opinion: In order to meet the needs of economic globalization and knowledge-based economy, on one hand, we must make the reasonable protection level of the intellectual property, to be sure the harmonious order of IP in the condition of knowledge-based economy; on the other hand, we must avoid the antimonopoly action caused by abusing intellectual property so that we can retain in advance the space for the public benefit and keep the normal order of competition in market. How to restrict the more and more serious abuse action of IP after the entry of WTO? How to deal with the IP attack of the multinational company of developed countries? How to harmonize and unionize the relationship between IP and antimonopoly law? And so on. Such problems arouse the thinking of scholars who study in IP and antimonopoly law and economics. The author treat the IT industry as the research background, take the ways of exemplification analysis, comparative value analysis, history analysis, practical analysis and economic analysis to probe in the relationship between the IP and antimonopoly law profoundly and concretely, and give some advice and assumptions on IP antimonopoly in China IT industry and hope it could benefit the industry's develop.The structure of this thesis concludes four parts as follows:Part one: the typical lawsuits about antimonopoly of IP in IT industry in china and the revelation.In this part, first the author introduce the case's source, process and background of CISCO vs Huawei, Intel v DongJing and comment on the focus of suit, then describe the serious status quo of IP abuse of in IT industry. Expatiate on the problems exist in the present IP system. It requires us to rescan the reasonability of IP in our country and the necessity of constructing the restriction system for the IP abuse.Part two: protection and abuse of IP in IT industry perspectiveIn this part, based on the IT industry, the article has a comprehensive analysis of protection and abuse of IP. It firstly introduce the basal contents of IP system in software industry, demonstrate the reasonability of IP from the angle of practical analysis and enumerate and explain several protection ways of IP in IT industry. Then it summarize the concept, legal definition of the abuse of IP and enumerate the forms of IP abuse on practical viewpoint.Part three: the mutual relationship between the IP right and antimonopoly lawIn this part, firstly through the explanation of concept of IP abuse, the article links the different system-IP and antimonopoly law. Then analyze the complex relationship between IP and antimonopoly. Thus by the way of comparative analysis, introduce the legislation about antimonopoly of IP in America, European community and Japan. Finally by the way of game theory, to construct the Nash Equilibrium between IPR and antimonopoly based on choice strategy.Part four: Research on construction of the system of antimonopoly of IP in IT industry in our country.In this part, at first the thesis describes the current status of legislation about antimonopoly of IP in our country, point out the shortage on legislation in China. Finally put forward some collective advice and assumption about the corresponding legislation, bring forward the countermeasures for the IT industry.