Research On The Basic Principle Of Anti-trust Law In Intellectual Property Right In International Society

Antimonopoly law is the symbol of public right. As a kind of private right, intellectual property incarnates means that private right will be realized under the protection of nation's law. There are a lot of the same aspects between intellectual property and monopoly, aggrandizement and attenuation of patent is relative in different period, but this indicates that patent monopoly control and operation not only is affected by economic theory, ups and downs because of the situation and need of economic development, but also has undulation rules and history is only a kind of feint. The conflict of law's essential between intellectual property and antimonopoly law is that law adjusts society's relation by action of behavior. Monopoly in economics is a structure of society's economy, there will be time lag when law indirectly adjusts structure of society's economy by adjustment of behavior. Antimonopoly law only adjusts action that monopoly unform and formed, but can not form a dynamic adjustment when it adjusts monopoly. Antimonopoly law will provide protection for proper running of market mechanism, and it concerns market access, this can be stated by that there is monopoly that obstructs other opponents sharing market to form competition or not. Market will configure marker resource well by the circle of"competition-monopoly- competition", and protect market to cease at monopoly unit and destroy running of market mechanism. The aiming of intellectual property if protect the legal right of intellectual property's user. There is no essential conflict among them, antimonopoly law will control intellectual property only when intellectual property imperil the proper running of market, because intellectual property has become a kind of impingement to public right, there is no precondition of right's form. What antimonopoly law has done is an action that public power acts when private power has been lost. Therefore, what antimonopoly law controls is area that intellectual property exceed, and conflict between them is feint, there is no essential conflict.Fundamental of antimonopoly law in original intellectual property aspect is behind the time with the development of technology and the coming...