The Anti-monoply Law Against Intelligent Property Right Abuse In China

At knowledge-based economy ages, the problem in the field of intellectual property will be paid more and more attention by law, and among them the problem of anti- monopoly against intellectual property right abuse is also valued increasingly by many nations in the world including our country .With China' entry into WTO, the western multinational companies make use of their advantage in the intellectual property, abuse intellectual property right, restriction the rival and draw back gradually to the prologue of our country' intellectual property right battle. The case of 6 Cs' DVD to Chinese business enterprises , state lighter case in Wenzhou and the case of Cisco suing Future Wei express the battle between Chinese and Foreign intelligent property right for the very first time. The owners of intellectual property in Western countries apply for a great deal of application patent according to our country ' social development programming, and mainly concentrate on the high and new technique realm of the optics, calculator, genetic engineering...etc. in order to utmostly block up our way to develop by ourselves and form the barracks against the technique development of the business enterprises in China. This kind of phenomenon plays more and more strongly, have already given our country' economy serious impact and make our government and business enterprise pay heavy price. Therefore it is high time we paid attention to the problem of foreign business enterprise abusing intellectual property and picked up the weapon of law to support our country' rights .But, our country has no specialized anti- monopoly law against the abuse of intellectual property, and the existing laws are also confused, incomplete and inexact. There are seldom regulations about the market monopoly which result from the abuse of intellectual property in the Anti- Monopoly Law Draft . Therefore, this article discuss the complex relations between intellectual...