Anti-Trust Regulation Of Transnatio Nal Companies Abusing IPR

At the times of intellectual economy,as intellectual property right of economic impetus,the spillover of legitimate monopoly has become anti-trust problems in the area of IPR, that is IPR abuse.Regulation of IPR abuse and fighting against market monopoly of transnational enterprises have become tasks that cannot be avoided,in both the theoretical circle and legislative sector.This paper is divided into 4 parts.The first part is that De Xian v. Sony case triggers the consideration that we ignore regulation of IPR abuse,at the same time we blindly stress the protection of IPR.The second part elaborates performance and analysis that foreign enterprises abuse IPR in our country.Abusing IPR acts that anti-trust law should regulate involve abusing market dominance,restricting competition in license agreements,restricting competition through merger and abusing the rights of appeal.The third part elaborates relation between anti-trust law and Intellectual property law.The statutory monopoly of IPR decides that conflict is inevitable.They reach balance of interests in terms of the purpose and function of promoting innovation and economic development,in the interests of the consumers protection.The forth part elaborates consideration on anti-trust law regulation of IPR abuse,learning from experience of foreign anti-trust legislation. According to legislative experience of states limiting IPR abuse,this writer puts forward some suggestions on our country restricting IPR abuse,that is establishing various measures at the core of anti-monopoly legislation system.