Study On Controlling Of Anti-Monopoly Law Of Intellectual Property Abuse

In the era of knowledge driven economy, knowledge and information have became the main factor of production, Intellectual Property has became the powerful impetus of the economic development of a country. Developed countries took the advantage of their intellectual property and thus collected the fortune of the world. Developed countries required the developing countries to reinforce the protection for intellectual property, simultaneously; they laid high emphasis on the controlling of domestic intellectual property abuse. To implement the WTO commitments, China has strengthened the protection for intellectual property. However, China is lack of attention and systemic statute to control the intellectual property abuse of Multinational Corporation. A few inhibition provisions are only scattered in different statutes. Live up to public expectation, Anti-Monopoly Law of the People's Republic of China was finally enacted in 2007.Its Article 55 has stipulated the basic rule of controlling intellectual property abuse but it just prologized the construction of anti-monopoly system of intellectual property. This paper analyzed the anti-monopoly rule of intellectual property abuse of the United States and European Union and brought forward some recommendations of how to enforce the Article 55 of Anti-Monopoly Law of the People's Republic of China.This paper is divided into four parts.The first part construed the concept of intellectual property and three justifications of intellectual property rights including personal property theory, stimulation theory, and benefit balance theory, this part also analyzed the price paid by the monopoly of intellectual property which created by law.The second part commentate three different modes of intellectual property abuse controlling including interior controlling in the Law of Intellectual Property Rights, anti-monopoly mode, rule of prohibition of rights abuse. After comparing their advantages and disadvantages, writer recommended to adopt the three modes simultaneously.The third part expatiated on ten acts of intellectual property abuse including fixed prices, allocations of market, tying, exclusive dealing, grant back, and refusal to license, no challenge of validity, license fee discrimination and the anti-monopoly rules on these abuses of the United States and European Union.The forth part came to realize that the feature of anti-monopoly law is public policy and recommended to adopt the legislative mode of European Union. According the Article 55 of Anti-Monopoly Law of the People's Republic of China, the central government has to enact Antitrust Regulation for the Licensing of Intellectual Property and Antitrust Guidelines for the Licensing of Intellectual Property .This part also conceived main articles and mechanisms of the above two statutes.