Study On Legal Regulation For The Abuse Of Intellectual Property Rights

Intellectual wealth has become the outstanding element that can affectcomprehensive national power in nowadays. As the protection of intellectual wealth, the people pay more and more attention on intellectual property. It endows the ownerswith exclusive rights to stimulate the exploitation and utilization. However theowners often abuse their rights to make profit, which destroyed the markets. Thetopic of the thesis is how to avoid the abuse of intellectual and protect competitioneffectively on basis of the maintenance of the owner' advantage.The first chapter discussed the protect ant the abuse of intellectual property, usethe method of enumeration to the abuse of intellectual property.I remarked thenecessity and urgency of antimonopoly in the realm of intellectual property in ourcountry by analyze typical case. The second chapter mostly analyze legal basis toregulation for the abuse of intellectual property rights. On the basis of confirm therelation of protect intellectual property and prohibit of the abuse, definitude the coreof regulation is the balance of advantage. Then the follow section remarked thespecial position and effect of antimonopoiy law. The third chapter mainly review andappraise legal regulation for the abuse of intellectual property of USA, EC, Japan inlegislate, judicature and execute the law by the way of contrast the law.The lastchapter is the focus and the purpose in this thesis. In the part, I first expatiated thecorrelated standing regulations in effect, and indicated it's deep reasons of history andinstitution. Then I raise counter measure to the regulation for the abuse of intellectualproperty.