Studies On Anti-monopoly Law Regulation Of Abusing Of Intellectual Property Rights

Intellectual property is a kind of legal monopoly right. If it is not licensed by the owner of the intellectual property, others should not manufacture, make use of and sell the products that have obtained patent, trademark or copyright rights protecting. Otherwise it is the tortious act from the legal point. Moreover the basic character of the intellectual property right is civil right and private right. And it is easily be abused by the driving of economic profit. For instance when licensing, appending the condition of obvious restricting fair competition to obtain monopoly profit. This act of abuse of legal monopoly right disobeys the principle of the freedom and equity and banes the right of social public. Therefore, the antitrust laws in American and in Europe make the provisions of antitrust problems about intellectual property right.Intellectual property is a kind of legal monopoly right. But owning intellectual property right is unequal to taking the monopoly status that is taking the market dominion. It is difficult to control the market because there is probable substitute technique, substitute product and the customers still have other choices. Even if the owner of the intellectual property right takes the market dominion, it is not illegal itself. Only the result of high quality products, history chances and management talent to get the market dominion, it is not disobeying the antitrust law unless he has not the intent of monopoly. In addition, the owner of the intellectual property right does not bear the obligation of permit others make use of his intellectual property though he takes the market dominion by his intellectual property.The types of monopoly in China are natural monopoly, administration monopoly and economic monopoly at present. The natural monopoly and administration monopoly have their historical reason. And multinationals frequently abused their market dominion to litigate to China companies. Automobile, communications, and computer software are all monopolized by multinationals. The Chinese Monopoly Law has not been passed and just a draft until now though China has thought constituting Monopoly Law for years. Therefore to constitution of Monopoly Law as fast as possible is quit essential to ruling the market economy and quicken the development of China economy. This paper writes superficially the monopoly problems in intellectual property field from the theory and the technique tiers. Also it analyzes China Monopoly Draft and gives some advice about the draft.