Study On Restraint Of Intellectual Property Right

Intellectual property right is a kind of monopolistic civil rights. The law, as a rule, pays more attention to the protection of intellectual property right while neglects that the owners of intellectual property may take advantage of their preponderant status to abuse their rights and impair the interests of other people, the society and even the country.Some foreign owners of intellectual property abuse their rights and bring on the disputes on intellectual property in the field of DVD Players. This article starts with the analysis of such abuse and elaborates this kind of conduct. Owing to the existence of such conduct, it is essential and feasible to restrain intellectual property right and there are sufficient reasons in the legal theories to support the establishment and perfection of the restraining system of intellectual property.Besides the basic principles that prohibit the abuse of rights specified in the civil law, there are also some concrete regulations in the intellectual property law itself. Furthermore, the law on the norm of the market order, especially the antimonopoly law, is the most important and indispensable regulation to restrain the abuse of intellectual property right. This article, not only analyses the deficiency of our current law system on the restraint of intellectual property right , protests drawing lessons from the successful legislation experiences accumulated by foreign countries to perfect our restraining system of intellectual property right, but also puts forward some instructive advices.