The Legal Limit Of Right Abuse In Intellectual Property Licensing

On the extensive meaning, "intellectual property right" is a kind of right to intelligence creates. Intellectual property licensing is a behavior which transfers property right under the condition that doesn't turns or let the intellectual property ownership. The person of the intellectual property right is given in the monopoly right in some time in order to take back prevenient investment in virtue of right turn to commodity through licensing. The monopoly right is established for encouraging innovation, which is reasonable and prerequisite. However, in the process of use the intellectual property , the owner of right usually expanded the right to limit the related competitor in order to gain more befits, which is right abuse. If we don't limit the right abuse, not only the tenet of intellectual property but the competitions of the base of market economy will be destroying. So we must establish the system to limit right abuse.As for the limit of abuse, some nations and region in the world have already formed complete law system. Take a wide view EU, the United States, Japanese and some other countries, their law restriction about intellectual right abuses already gradually tended together, which combined monopoly law and specific guidelines. In The foundation of monopoly, these guidelines pay attention to the relationships between in anti-monopoly and keeping free competitions. It is applied and operable.Our country have made a anti-monopoly law,but which is only a litter of content about limit intellectual property abuse. In our nation, limiting intellectual property abuse is necessary and pressing. So we need to make the guidelines to limit the right abuse. Whereas our country is a nation which has little of law about right, we should absorb the experiences of other countries and regions. First, we would confirm the degree of limit through analyzing the factors of foreign law. Secondly, we will constitute the structure of our guidelines. If we established our guidelines about limit intellectual property abuse, our market economy would be more prefects.