Studies On The Issues Concerning The Abuse By Transnational Companies Of Intellectual Property Rights And The Antimonopoly

Taking as an example the case of Cisco Systems Inc. v. Huawei Technologies Co., Ltd. involving infringement upon intellectual property rights, this paper proposes the study on the issues concerning the abuse by transnational companies of intellectual property rights and the antimonopoly. Through the analysis of the manifestations of the abuse by transnational companies of intellectual property rights, the introduction of international lawmaking on limitation of abuse of intellectual property rights and on anti-trust, the comparison of legislations on limitation for abuse of intellectual property rights in different countries, and the suggestions on China's anti-monopoly legislation to limit the abuse by transnational companies of intellectual property rights, this paper states that China shall fully respect and protect intellectual property rights, exert its function to encourage innovation and competition, feasibly consider the commercial demands for rational limitation of competition, and prevent the unfair abuse of lawful monopoly power. This paper introduces the anti-monopoly rules in relevant countries and regions, analyses the current conditions and inadequacy of China's legal system for limitation of abuse of intellectual property rights, and clarifies the significance of and specific measures for perfecting China's legal system on limitation of abuse of intellectual property rights.This paper introduces the legislations on limitation of abuse of intellectual property rights in the US, Japan, EU, and Taiwan of China, further clarifies the characteristics and implementation status of relevant legal systems in those countries and regions through listing and analysis, reflects the inadequacy of China's legal system of anti-monopoly through the comparison with the current conditions of China's legal system of anti-monopoly, and defines the development orientation and strategies of establishing and perfecting China's legal system of anti-monopoly after China's accession into the WTO. This paper also illustrates the manifestations of the abuse by some transnational companies of intellectual property rights in China and explains the necessity for China to enact an anti-monopoly law to regulate such abuse.In the last chapter of this paper, the author makes suggestions for China's anti-monopoly legislation on limitation of the abuse by transnational companies of intellectual property rights, which is the main achievement in this paper. That chapter introduces the current conditions and inadequacy of China's legal system for limitation of abuse of intellectual property rights, focuses on analyzing the current status, of the legal system of anti-monopoly, and in consideration of a lack of the Anti-Monopoly Law in China, brings forward the importance and urgency of legislating the Anti-Monopoly Law in China. The Author makes some legislative suggestions for the anti-monopoly legislation and perfection of relevant legal system in China to regulate the abuse of intellectual property rights, so that the legal system of intellectual property rights in China can play better role and be integrated into the global legal system.