Antimonopoly Law Regulation Research On Misuse Of Intellectual Property Rights

The intellectual property rights, as one kind of legitimate exclusive right which the law entrusts with, generally exist as the exception of the antimonopoly law. But if the obligee surpasses the legal scope, misuse the right, illegal restraint competition, that constituted the abuse of intellectual property rights. At present, anti-monopoly law on intellectual property rights has been an important topic in the antimonopoly law theory and a practice in the overseas, and becomes the most effective regulate way. But in our country, the contradictory unification relations between the intellectual property rights law and the antimonopoly law has not been taken fully attention. Although antimonopoly law has promulgated the implementation, but lack of systematic antimonopoly regulations of the intellectual property rights abuse. Based on this, this article plans to research through anti-monopoly law on intellectual property rights, base on the condition of our country, learn from the overseas advanced experience, inquired the suitable way of anti-monopoly law on intellectual property rights abuse.This article goes as following , on the basis of define the concept and manifestation of intellectual property rights abuse, analyzed the relations between intellectual property rights law and the antimonopoly law, then uses the comparison research method, analyzed the antimonopoly law on intellectual property rights abuse of major country and the international convention, pointed out the profit function to our country, finally analyzed the present regulate situation of our country , propose the concrete measurement., main minute following four parts:The first part introduced the elementary theory of intellectual property rights abuse. Divides three levels to carry on the elaboration, first, define the right abuse and intellectual property rights abuse, established the basic point for this article; second, analyzed the concrete manifestation of the intellectual property rights abuse, refuses to permit, the tie-in sales, the price discriminate and abuse, the origin of intellectual property rights abuse; third, the importance of intellectual property rights abuse regulation.The second part has discussed the relation of intellectual property rights law and the antimonopoly law. First pointed out that the intellectual property rights are one kind of reasonable monopoly, then carry on the general analysis to the antimonopoly law, define the concept and characteristic of monopoly from the angle of economic and the law, finally pointed out the uniformity and the inevitable conflict, then analyzed the coordination from the angle of benefit balance mechanism.The third part comparative analyzed the antimonopoly law on intellectual property rights abuse of major country and the international convention. Mainly introduced the counter-monopoly rules and regulations aspect in the related intellectual property rights the practice and the development in the American Anti-Trust Laws, the European Union competition law, Japan monopolize forbid law as well as the World Trade Organization TRIPs agreement. and had pointed out the profit significance to the legislation of our country, to absorb useful experience of the foreign legislation and the practice.The fourth part, as the key, mainly analyzes the present situation of antimonopoly rules and regulations and the improvement. On the basis of inspect the laws and regulations foundation related intellectual property rights abuse, from the aspect of setting range, legal norm's content, the operation stratification plane, pointed out the existing standard insufficiency. Then proposed concrete proposal of the improvement of antimonopoly rules and regulations of the intellectual property rights abuse. Firstly, should carry on the consummation from the aspects of consummation copyright reasonable use system, the trademark rights reasonable use system, the patent obligatory license system. Next, in view of the problems in antimonopoly law, the author believed that should clear about the controlling organization and the law enforcement agency of the intellectual property rights abuse as soon as possible, and consummation the legal liability of the related intellectual property right abuse. Finally, except the rules and regulations of intellectual property rights, it must have a similar regulation as the US "guide" to regulate the intellectual property rights abuse Constructs together from the above aspect conforms effective antimonopoly law rules and regulations system which suit to our country condition.