Anti-Monopoly Legislation On Intellectual Property Misuse

In the 21st century,competitions among countries and enterprises are mainly based on science and technology,which usually exist in form of the intellectual creations of mind. Under the condition of intellectual economy,intellectual property right has become one of the most powerful forces in the development of economy.However,in the other side,some of the multinational corporations always grasp unjustifiable interests by the misuse of intellectual property,which has seriously disturbed the orders of market competitions and the development of society and economy.By now,China has not established an integrated anti-monopoly law system,the anti-monopoly legislation just began,a series of anti-monopoly guideless' and regulations become imperative,the existing law system which involves anti-monopoly is quite dispersible and not operational.It is difficult to counterattack the multinational corporations' intellectual property misuses powerfully when our multitudinous enterprises encounter the intellectual property strategy besieges from multinational corporations.Consequently,expediting the progress of legislation is both theoretically and practically meaningful.This paper consists of five parts,the studies on this research mainly based on the methodology of historical analysis,comparative analysis and empirical analysis.The first part introduces basic theoretics of intellectual property misuse,which including there aspects:the concept of intellectual property misuse;the types of intellectual property misuse;the harmfulness of intellectual property misuse.This part firstly makes a qualitative analysis to intellectual property misuse,point out the essence of intellectual property misuse, and then introduces the types of intellectual property misuse one by one,to enrich the concept of intellectual property misuse.At the end of this part,this paper points out the harmfulness of intellectual property misuse,which definitely need the regulating of anti-monopoly law.The second part elaborates intellectual property misuse in the field of anti-monopoly law. This part introduces intellectual property misuse to the anti-monopoly law system to resolve there questions:the necessity of intellectual property misuse regulated by anti-monopoly law; the feasibility of intellectual property misuse regulated by anti-monopoly law;and the relationships between anti-monopoly law and intellectual property law.After deliberation, this paper reaches a conclusion:intellectual property misuse need the regulating of anti-monopoly law,and must be regulated by anti-monopoly law. The third part mainly discusses what standard should be applied to anti-monopoly violations when a misuse occurs.After affirming that intellectual property misuse should be regulated by anti-monopoly law in the last part,this part focus on the standards that applied to anti-monopoly violations.It draws a comparison between two standards in anti-monopoly law: the per se rule and the rule of reason,and then has a brief review on the development of these standards in the U.S.history in the field of intellectual property.This paper points out that the selection of two standards depends on a country's intellectual property policy.At the present time,under the circumstances of the development of intellectual property in our country,the rule of reason standard should be applied to intellectual property misuse rather than the per se rule standard.The fourth part introduces anti-monopoly legislations on intellectual property misuse in other countries and areas of the world.It contains tow aspects:legislative mode and the content of legal regulations.The second aspect begins with general principles and basic regulation method,and then introduces the latest development of this field to help us establishing our own anti-monopoly system.The fifth part puts forward some legislative suggestions to regulating intellectual property misuse in Chinese anti-monopoly law system.After analyzing current development situation of intellectual property in our country,this paper gives some suggestions to establish an integrated anti-monopoly law system in China,which including:setting up general principles in anti-monopoly law system concerning intellectual property misuse;constructing modes of analysis regulating intellectual property misuse in anti-monopoly law system;some other questions to establish a integrated anti-monopoly system.