Regulations Of Anti-monopoly Law On The Abuse Of The Intellectual Property In Technical Standards

The thesis takes the theory of the intellectual property of technical standards as the point of departure, it discusses the ralationship between intellectual property and technical standards,even the concept and forms of the abuse of the Intellectual property in developing technical standards. The intellectual property is a legitimate monopoly granted to rights-holders by law, usually as something existent to which the anti- monopoly law is not applicable. But if the abuse of the intellectual property is characterized by economic monopoly, a competition law must be regulated to have"the action in question" normalized. Although Chinese goverment has attached importants to the protection of Intellectual property,etc., whereas does not pay full attention to the problem of anti- economic monopoly.With the help of the principles and methods of Trips in mind, China should increase the knowledge of restricting the abuse of intellectual property in technical standards, and establish an innovative anti-monopolistic law as far as the abuse of the intellectual property of technical standards is concerned. The government should set up a special authoritive anti-monopoly investigation agency according to its interests and constantly change situations of international technichal trade and advanced technology, thus a systematic anti-monopoly law and an integrated legal system to sanction the abuse of intellectual property in technical standards can be established in order to protest increasing market economic monopoly.