Intellectual Property Protection And The Application Of Anti-monopoly Law

Under the knowledge economy background, to raise the technical level and the social productive forces, the strengthened country competitive power, Intellectual Property protection become various countries', the various enterprises' choice inevitably, our country's intellectual property protection occupies the start stage, each kind of laws and regulations were still imperfect, particularly the antimonopoly law just entered the implementation stratification plane, as the protection of competition in the market, to prevent and curb the monopolistic behavior of the important laws, intellectual property protection with innovation, promote competition, protect consumer interests are complementary and of equal importance, therefore, protection of intellectual property rights and application of anti-monopoly law will be how to interact, how the harmonious development of the two cross-cutting areas of common or what policies should apply to become the people's concerns. This paper attempts to explore these questions on how to protect intellectual property rights and the application of anti-monopoly law.Because of the classic case of the application of the law and the development of a clear role in promoting, that is, the first part of this article from the start, Microsoft's monopoly in the case of the United States and the European Union the case of Microsoft's monopoly as the breakthrough point, about the two cases related to intellectual property protection and the application of anti-monopoly law aspects of analysis and comparison, and get the Enlightenment from the protection of intellectual property rights and the application of anti-monopoly law. Because of the protection of intellectual property and application of anti-monopoly law is very important, in fact, the two conditions are to each other, mutual complement and promote the market economy of our country play an important role in the development. On the one hand, intellectual property rights protection and anti-monopoly law in the promotion of effective competition in the market to protect the interests of consumers with the goal of consistency, they pursue the same ultimate goal They are united in the competition, contact and the promotion of competition in order to promote innovation and the promotion of economic development and function. On the other hand, Intellectual property rights protection and anti-monopoly law has the potential conflicts of their rights, the protection of the interests and the exercise of the rights. Intellectual property rights are private rights,individual-based, the pursuit of personal interests, in the exercise of the right to have a tendency to undue expansion, often resort to illegal monopoly and competitive advantage;and anti-monopoly law is a public right, is for the society based,the pursuit of protection of the interests of society as a whole, to achieve effective allocation of social resources. Thus, the two gave rise to contradictions and conflicts, especially in the exercise of rights ,Improper intellectual property rights holders to exercise their rights, that is, abuse of intellectual property rights, such actions to protect intellectual property rights and the right to apply anti-monopoly law a challenge, in the face of such challenges, it should be how to respond? That is, how to solve this problem? our country'Anti-monopoly law in particular, has now entered the implementation phase, and this time, is particularly urgent and critical, to look into legislation and have practical experience of the country is naturally necessary.The second part of this paper is to draw upon all States to protect intellectual property rights and the application of anti-trust legislation and practical experience- based. First of all, the birthplace of modern anti-trust laws of the United States to proceed, Research on the United States to coordinate protection of intellectual property rights and the process of anti-trust laws, legislation and principles of composition, to the latest trends, U.S. experience in this field in 1995 reflected the "intellectual property antitrust guidelines permit", In this document will be classified as acts of intellectual property licensing product markets, technology markets and R & D market. Clarified the licensing agreement for intellectual property antitrust law to conduct an analytical assessment of the methods and principles, and put forward the important concepts of the "safety zone." The latest progress in the United States in 2007 issued the "anti-trust law enforcement and intellectual property rights: the promotion of innovation and competitiveness" report, the two documents analize the action of abuse of intellectual property rights by the principle of reasonableness and the principles of its own analysis, and the report draws on the latest research results. The European Union in this regard is to track the form of regulations to protect intellectual property rights and the application of anti-monopoly law, Since 1996 the "technology transfer regulations," updated in 2004, "the EC Regulation No. 772".in the Ordinance of intellectual property rights are divided into three lists, that is, a list of white, gray and black list of the list. In the three clear what the list of permitted acts of anti-monopoly law, What is the anti-monopoly law against the act. Japan is in the "monopoly law to prohibit" secondary article, to coordinate the protection of intellectual property rights, and in practice in order to document the specific provisions of refinement.In this paper, a clear picture of the third part of our intellectual property rights protection and anti-trust aspects of the application. Introduced before in the anti-monopoly law, China's monopoly in the field of intellectual property violations are separately by different legislative bodies, In the specific implementation of the process, it is difficult to protect intellectual property rights, and safeguarding fair competition, there is insufficient in many areas and shortcomings. With the "anti-monopoly law," the introduction and implementation, China has a special legal provisions to regulate and coordinate the protection of intellectual property. In the protection of intellectual property rights has entered a new stage. Understanding of how to correctly understand "anti-monopoly law," the fifty-fifth article, become the face of new issues, First of all, should recognize the special nature of intellectual property rights is the exception applies to the field of anti-monopoly law. Secondly, we should also realize that the "abuse of intellectual property rights, eliminate restrictions on competitive conduct" is a flagrant challenge to the anti-monopoly law. Although we are encouraged by such a provision,but only such a provision is not enough, We should focus on "anti-monopoly law," to build an appropriate system to the form of guidelines or regulations, combined with the actual situation of China's development of specific practices, so as to improve the protection of intellectual property and application to lay a solid cornerstone of the anti-monopoly law.In the protection of intellectual property rights and the application of anti-monopoly law, the combination of the two should be found, in order to achieve the balance of interests between the two, for the economic development of our country to provide a good strong point. The reasonable system of intellectual property rights and anti-monopoly law should be designed, reconcile the conflict between the two, set up a mature legal system.