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Studies On Lawmaking Legal Issues In The Region Of Intellectual Property

Posted on:2009-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:B FengFull Text:PDF
GTID:2166360245980535Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
"People's Republic of China Anti-monopoly Law" adopted at August 30, 2007, there is still a long way to go regarding anti-monopoly legislation in the field of intellectual property, due to the fact that there are no well established rales and regulations in this regard. It can be seen from the judgment fulfillment of all countries and the concrete circumstance of our country that, under the intensive international competition of science and economy nowadays, the monopoly of many foreign enterprises in our domestic market is closely related with their ill-implementation of intellectual property. Therefore, in order to protect the development and safety of China's economy, it is of essential importance to establish anti-monopoly rales and regulations concerning intellectual property, while the instant problem would be how to do that. As a developing country, China, on one hand, has to face the repeating requests of developed countries to make effective protection of intellectual property. On the other hand many local developments of professions are again subjected to the restriction that the flourishing nation breaks to the intelligent property right Long. How to regulate the abuse of intellectual property on the basis of a respect for intellectual property, so as to protect China's own interest, poses a new question to the current legal system, and is what the present research is trying to provide an answer to.The present paper expatiates on the theoretical foundation, features and meaning of intellectual property and anti-monopoly on the basis of basic legal concepts, and discusses the relationship between intellectual property and anti-monopoly law. The intelligent property right is a private power, which justifies the rationality of its exclusive right protection. The existence of problem in "exterior" of the intelligent property right, make the system reasonableness of the intelligent property right law design, need to take into necessary restriction to support right person and the balance of social public benefits to the intelligent property right exclusive right. Intellectual property permission is most of the time beneficial for competition and innovation, yet property owner may abuse their power, to monopolize or attempt to illegally keep monopoly of the intellectual property, thus impairing competition and innovation. The restriction that anti-monopoly law sets on intellectual property is propitious to the maintenance of competition, innovation and public interest. This paper analyses the issue that some enterprises abuse intellectual property to achieve monopoly in view of the current situation in China, and researches into different methods that these enterprises adopt in doing so. Moreover, the paper analyzes relevant product and service markets and draws a conclusion that owning intellectual property is not equivalent to gaining monopoly, yet abuse of intellectual property which hinders competition and contributes to monopoly is illegal. Finally, suggestion is made that the current intellectual property legislation should be perfected and an anti-monopoly law of intellectual property should be made which fits the current situation of China.
Keywords/Search Tags:Intellectual Property, antimonopoly law, lawmaking
PDF Full Text Request
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