Antimonopoly Regulation On Misuse Of Intellectual Property Rights

Intellectual property right is a kind of monopolized right stipulated by law. The purpose of its establishment is to protect the right of the intellectual property rights'obligee and to urge origination. However in the process of global economic integration, with the increasing frequency of the transnational economic activity related intellectual property rights, the growing monopolized actions of misusing the rights , which makes the obligee form the monopoly and ascendancy in the specified markets, confine the market competition. The regulation of antimonopoly against the misusing the intellectual property rights is just a confined measure aiming directly at the using of the intellectual property rights.Starting from the exclusiveness of the intellectual property rights, the author analyses such a series of problems as the legal foundation of the legal monopoly, the reflecting form and legal regulation of the intellectual property rights, and the related case of the using these rights by the foreign countries to expel national enterprise. Also the legislation for antimonopoly in the field of intellectual property rights is given study as a comparison. On these analysis and comparison, get to comprehend the action of misusing the intellectual property rights and the criterion of it. The central topic of the dissertation is the reflecting form of and regulation of antimonopoly against the intellectual property rights. And at last the idea of how to protect to and establish the regulation of antimonopoly against this right are given on the basis of studying our practical status in the process of protecting this right.