On Antimonopoly Law Regulating The Abuse Of Intellectual Property

With the development of society, the abuse of Intellectual Property are adopted by the transnational companies increasing more and more as result of intruding the interests of our national companies. After the better marketing competition order and the balance of personal interests and the common interests of society were undermined by abusing the Intellectual Property of transnational companies and so on, how to regulate the abuse of Intellectual Property by the Antimonopoly Law is become an important problem with the requirement of modern times.This thesis will first analyze about the basic theories on regulating the abuse of Intellectual Property, such as the basic theories of law and economy, the regulating law system and so on, then point out that the right abusing are prohibited by the law principle, the ideology of society interests in the philosophy of law, the two kinds of ways with affirming right existence by law, the contradiction of marketing economy on itself, and the need of marketing resources efficiency and so on, are all the foundation of regulating the abuse of Intellectual Property. After learning the reasonable regulating on the abuse of Intellectual Property, the author will also learning and summarizing the success experiences and legal practices on regulating the abuse of Intellectual Property by the Antimonopoly Law all over the world and countries, the enlightenment will be given to perfecting our own legal regulating system on abusing Intellectual Property. On the process of perfecting law of regulating the abuse, we could draw up the documents of standard law, or lay down some practical rules and regulations in the future, these rules will regulate more careful and specific, more specific abusing action could also be ruled by regulations. Then the thesis will analyze the present situation on making law and the shortcomings of Antimonopoly Law on regulating the abuse of Intellectual Property in our country, there are also four new sides to perfect and build our own legal system on regulating the abuse of Intellectual Property, such as in the main body, in the abusing action, in the legal responsibility, in the executing mechanism and so on. And last, the author will give us some suggestions about paying more attention on the allocating position in the market with the main body of abusing, regulating the abusing action by making documents and rules, setting up the special organization to deal with abusing Intellectual Property under the Antimonopoly Commission of our country, strengthening the punishment duo to the responsibility and building the Antimonopoly lawsuit mechanism of our country, in order to protect the interests of our national companies or society and the rule of marketing competition and so on.