The Legal Regulation Of Abuse Of The Intellectual Property Rights

Intellectual property is one kind of legal exclusive right endowed by law. It generally exists as an exception of antimonopoly law. However, the owners of intellectual property tend to improperly use their rights to make illegal profit and purposely restrict normal market competition, which may potentially violate the antimonopoly law and should be regulated effectively. At present, with the intellectual property playing a more and more important role in economic and social development, misuse of intellectual property becomes increasingly serious. How should our'country take valid measures to command the increasingly serious misuse of intellectual property? This thesis mainly analyzes various aspects of the foregoing questions and puts forward reasonable assumptions and proposals, correspondingly. The thesis goes as following: Firstly, the concept and forms of misuse of intellectual property is introduced. Secondly, system foundation for regulating misuse of intellectual property is analyzed. Thirdly, legislation, judicature and practice of executing law in different countries and regions are compared and analyzed. Finally, proposal of constituting intellectual property antimonopoly law system as soon as possible is put forward, and pertinent proposals and assumptions have been is brought forward. More specifically: Chapter 1 focuses on misuse of intellectual property and forms thereof. We firstly define the conception of misuse of intellectual property, the characteristic thereof and the boundary for rightly distinguishing proper use and misuse of intellectual property. Then, we amply construe main forms of misuse of intellectual property. Finally, we discuss the status of misuse of intellectual property in our country, and come to the conclusion that misuse of intellectual property is in need of regulation. Chapter 2 analyzes the system foundation for regulating misuse of intellectual property. Firstly, we analyze the basic principle foundation for regulating misuse of intellectual property, namely, the stimulation principle and right balance principle. Secondly, we points out that misuse of intellectual property should be mainly regulated by private law-regulations for intellectual property itself and fundamental of private law, and public law-antimonopoly law. Thirdly, we focus on the restriction of antimonopoly law to misuse of intellectual property and the particularity thereof. Fourthly, we illustrate present status of laws for regulating misuse of intellectual property in our country and the shortcomings thereof. Finally, we discuss the necessity and feasibility of making antimonopoly law for regulating misuse of intellectual property in our country. Chapter 3 investigates the antimonopoly laws for regulating misuse of intellectual property abroad and apocalypse thereof. In this chapter, we analyze legislation, judicature and the practice of executing the law in World Trade Organization, United States of American, European Community, Japan and Taiwan. We also indicate the reference significance of laws abroad to relevant legislation, judicature and practice of executing the law in our country. Chapter 4 presents the assumption of establishing antimonopoly law for regulating misuse of intellectual property in our country. Firstly, it is strongly suggested that antimonopoly law distinctly applicable to misuse of intellectual property should be legislated at an earlier date. The department for executing the antimonopoly law should establish specific and feasible guidelines or regulations according to} the relevant principle of antimonopoly law. The relative law responsibility should also be ascertained. Secondly, a special department for executing antimonopoly law, i.e. the committee of antimonopoly law should be established. The pertinent running mechanism for the committee is also discussed. Thirdly, the relationship between administrative execution of law and judicial trial should be properly treated. Finally, it is pointed out that the main bodies should properly use their rights and fulfill their responsibilities in market competition. If we can do well in the four aspects as previously discussed, a regular and effective antimonopoly law legal system for regulating misuse of intellectual property suitable to our country can be established.