Study On The Abuse Of Intellectual Property In The Technology Transfer By Multinational Corporation In China

As the main unit of investing China, the multinational corporation greatly prompts the development of China's economy and technology by means of setting sole owned enterprise, equity joint venture and contract joint venture. Because China's promises of opening domestic market for WTO members come into reality one by one, the multinational corporations are being more active to invest in China. As we all know, these corporations often affect the concerned market dramatically with their giant capital and advanced technology. They actively apply their IP strategy, which includes arrangement of patents, union of patent technology and spread of technology standard, to occupy the advantageous market point. Moreover, the multinational corporations have monopolized some industries in the process of keeping and enlarging their market advantages through various restrictions in technology transfer to China's domestic enterprises. This action is a typical abuse of IP, which seriously injuries the fairness of market competition and the legal benefit of the Chinese enterprise and consumer, and hinders China to increase her science and technology power. On the one hand, the substance of abuse of IP in technology transfer is just to monopolize the core technology for monopoly profit. On the other hand, the absence of China's anti-trust law, which regulates the abuse of IP, also leads to the multinational corporation's abuse of IP. It's time to change the present situation. The fundamental resolution to this problem demands the Chinese enterprise to increase investment of constructing IP and own more technology with independent IP. And, to make and perfect the anti-trust law is the guarantee of regulating the abuse of IP.