Study On Antimonopoly Issues Of Abuse Of Intellectual Property Rights

The intellectual property is a kind of exclusive right, and also a kind of private right. Due to the intangibility of its object, and because it's easy to copy and make use of it, intellectual property law assures the intellectual product's creator of his reward by endowing him with the legal monopoly right, objectively pushing the development of science and technology, as well as the improvement of the society. However, any right has the possibility to be abused, and unavoidably, the subject of the intellectual property would buck for the biggest benefit by making use of the exclusive right to the intellectual product. The subject may go beyond the law or the legal scope while enforcing his right, so as to improper use to the right and may then lead to the unbalance of the subject's right concerning the intellectual property. When intellectual property law fails to restrict the abuse of the intellectual property and get the expected effect because of limited scope or method, the antimonopoly law based on the government authority is needed to interrupt in, and then regulate the abuse conduct by the active intervention of the government.