The Anti-trust Regulations In The Intellectual Property Approval

In order to adapt to the technology creation in the economic era and theeconomic globalization, the issue we are confronting is that not only should westrengthen the protection of the superior industries, but also to avoid the abuse ofintellectual property and the limited competition which are harmful to thetechnology development and the economic efficiency. Intellectual property is anaturally exclusive and monopolistic civil rights. Therefore, all countriesencourage the intellectual property, creation and the achievement of marketallocation through intellectual property. Nevertheless, no country allows thebehavior of intellectual property abuse.Nowadays, our country is emphasizing the protection of intellectual property,while the regulations of the rights' abuse are insignificant, which is also the reasonwhy the Chinese enterprise is always negative in the aspect of bringing in theintellectual property. Accordingly, the article proposes the suggestion ofanti-monopoly in the area of intellectual property. After the analysis of intellectualproperty, the adaptation of rights and the regulation of anti-monopoly, the articleconveys the fact that as a developing country, to some degree, we are on a waythat the developed country has gone through. The western country adjusts theirindustry and competition policy in different periods. Therefore, the developingcountries which are backward on economy and technology should enact their ownanti-trust law, focusing on the development of national economic efficiency andsocial effectiveness when confronting the trans-national companies' intellectual property abuse. Simultaneously, we should not only regulate the limitedcompetition behavior in the area of intellectual property, but also make definiteregulations in anti-trust law for several typical behavior of intellectual propertyabuse, with the accordance of our reality and the international treaties we havesigned, such as trips.The article was written in the way of comparison, with the consideration ofseveral countries' experience on enacting anti-trust law and practice, pointing outthe reason that we have the current dispute on this issue is because we perceiveillegal competition in a narrow sense, thus separate anti-trust totally. Under thiscircumstance, numerous discussions are aroused and the article also analyzes theimportance of anti-trust regulation on intellectual property; through the analysis ofour reality and the international statement, the urgency of regulation onintellectual abuse is apparent. Finally, the article proposed the author's own ideaon the 2004 anti-trust law bill.The article tries to be centered in efficiency, focusing on the legal implementof rights. The essence of "legal " here means the anti-trust law, that is, eventhough the businessman implement the legal civil rights, as long as it is differentwith the regulation of anti-trust law, the behavior will be regulated. We can onlyregulate the behavior which abuses the superiority of intellectual property. In theauthor's opinion, taking the reality into account, we should clarify explicitly in theworld. Be anti-trust law the anti-monopoly policy in intellectual property, just asone sentence in the book the coming back of desolate economy, written by anAmerican economist, "What we are really short of in the world is not resources ormorality, but the deep comprehension of the reality". After the analysis of thedifference between the behavior in intellectual property approval and the behaviorthat the anti-trust law must regulate, the article also investigates other countries'law-making statement in this field. After that, the article proposed suggestions forthe anti-trust law which is under enactment. The article points out that it isessential to establish a highly-qualified law-enforcing agency.