The Research On EU Competitive Law To Regulate The Abuse Of Intellectual Property Rights

As a company with protection of intellectual property, the abuse of intellectual property right has become a new problem. How to use the rules of competition law to regulate effectively such abuse is being a hotly-discussed issue challenging both the developed countries and developing countries. The accepted opinion is Competition law is not only a basic law that regulates market behavior and protects competition order, but also an important part of modern economic law. Most of the countries establish the competition law. But take a view from the world, there is no doubt that the European Community (EC)is one of the leaders in this field due to its rich experience in settling the conflict between the unified competition law of EC and various intellectual property laws of member states. It objects to protect fair competition has an important effect in instructing common market of EU common market. At the same time, China also carries out the Competition law, but still need to be improved. This article has made a research through various typical cases on the judicial practice of European Court of Justice in regulating such behavior of abusing dominate position in market by intellectual property owners. And inspired from such research, several proposals were given on improving China's anti-trust law to regulate the behaviors of abuse of intellectual property rightThe dissertation covers six chapters: The first chapter deals with the based theories intellectual property. First, introduce the concept and characteristic of intellectual property right, and mention the three different ways to regulate this behavior, by civil law, by intellectual property law and by competition law. Second, this dissertation concludes that monopoly of intellectual is lawful, but purpose of this chapter is to illustrate that performance of intellectual property must be restricted by antimonopoly law. Then the author tells what the attitude of EU to intellectual property rights, both protect and regulate. In the second part, the author advised to build the outcome economic analysis method to Article 82 of Treaty establishing the Community (ECT)), which has been adopted by EU court in the case of Microsoft to so European me extent. Chapter 3 is the key of this dissertation. Each section introduced one of the three main IP related competition rules separately, "Existence/Exercise Dichotomy", "Exhaustion of Rights ","The Principle of Same Original" and sums up the values of principles to maintain the signal market. In the fourth part, a new case has been studied to show how the EU forbids misuse dominant position. There are many restrictive articles in the IP license contracts, such as articles on tying, grant back, restrict on price, restrict on practice area, restrict on practice field, restrict on challenging the validity of IP, etc. How to regulate these restrictive articles is important to competition laws, and it is the main part of the IP license Guidelines of EU .Chapter 5 deals with this matter. Different from the five chapters above, Chapter 6 paid more attentions to our domestic legislation of IP related anti-trust law, and main suggestions are made, such as how to regulate the administrative abuse by legislation. And in our country, the consumer has the right to sue for damage. Can he demand it directly or after the judicial procedure to judge it a behavior of abusing IP. Parallel import needs to be regulate, but we just has the provisions about the parallel import in patent ,that's to say ,we should legislate the regulation in brand parallel import.