Anti-monopoly Law Regulation Of Abuse Of Intellectual Property Rights Study

With the development of global economic integration, intellectual property rights strategy has gradually become a powerful weapon by which the major companies maintain its market dominance. In today's fierce economic and technological competition, the market monopoly act of many large enterprises in our country are all inseparable from misuse of their intellectual property rights. In the name of protecting intellectual property rights, by tie-ins, differential pricing, refuse licensing, they misuse intellectual property rights to maintain their market dominance, further control their industry, form monopoly by which they get excess profits. Among them, that "Microsoft" use its software copyright to act a series of monopoly abuse of intellectual property rights is a typical case of monopoly in our country.At present, frequent intellectual property rights trade disputes appears in international and domestic market, in the result, the damage against society is undoubtly exposed, such as inhibiting innovation, impeding technological progress, destroying competition and harming interests of consumers. In addition, abuse usually hides under the cloak of legitimate protection of intellectual property rights so that competitors can not easily detect and prevent inproperly, which is the most dangerous and alarming social harmness. China's national economy and enterprises has also been dealt a heavy blow under the big stick of intellectual property rights, a number of domestic enterprises even withdraw from the competition arena.Based on this situation, according to the request to China from domestic and international time context, that the build of anti-monopoly abuse of intellectual property legal regulation system has played a significant role in protecting our economic interest. However, current regulatory legal abuse system is not optimistic. "The anti-monopoly law" has been formally implemented, but the abuse of intellectual property regulation are too general, lack of specific legal provisions. In addition, other relative legal provisions are scattered in various administrative regulations non-systemly and unscientificly. Therefore, China's legal regulation of intellectual property rights abuse is inadequate, the anti-monopoly legislation. of intellectual property rights area need to be strengthened.Western countries have studied intellectual property protection system for two hundred years, and many countries and regions in the abuse of intellectual property rights of anti-monopoly regulation has had a sophisticated and science system and legislative experiences, all which are worth to China learning, for example, according to Guidelines from the United States Anti-monopoly law enforcement agencies, different nature acts have a reasonable application of the principles and the violation principles of the law. In the Guidelines of European Union, Japan and Taiwan region of China's anti-monopoly law enforcement agencies, the monopoly act of the field of intellectual property is divided into three types of list or category, which can facilitate interoperability and the parties to comply with the rules.The trend of economic globalization will force more Chinese enterprises to enter the international market, they may do anything for other businesses (especially transnational corporations), while their conducts are subject to strict regulation of the anti-monopoly law in foreign markets. In order to protect competition order in our market, but also maintain our enterprises'benefits in international market, we should establish anti-monopoly abuse of intellectual property law regulation system as soon as possible. First of all, we should intensify the abuse of intellectual property rights legislation regulations, identify the legislative principle of regulatory abuse of intellectual property rights, clear legal duty. Based on "anti-monopoly law", we should make more specific and operational implementation details as soon as possible. Until ripe condition appears, we should make a separate legislation that is "anti-abuse of intellectual property law" and related laws and regulations. We should combine international trend to strengthen research and build on international advanced legislative experience. Based on the actual situation in our country, we will gradually build an "anti-monopoly law" as the core, "the abuse of anti-intellectual property law" as the mainstay, related laws and regulations made, improving anti-monopoly abuse of intellectual property law system in order to effectively interface and coordinate the relationship between anti-monopoly law and intellectual property law, regulate abuse of intellectual property rights effciently, achieve the healthy functioning under the conditions of market economy competition and strive to achieve the balanced development between protection of innovation and adequate competition.