Anti-monopoly Law Regulating On Intellectual Property Rights Abuse

Intellectual property rights (refers to as IPR hereinafter) originated in Europe, after the " General Principles of Civil Law of People's Republic of China" enacted in 1986, "intellectual property" had been adopted as a formal term in China. Intellectual property is a non-physical property rights which are created by intellectual production, it can promote the development of national-economy quality and international competitiveness. Compared with tangible property rights, it is more vulnerable and more easily to be abused.The common purpose of Intellectual Property Law and the Anti-Monopoly Law is to promote innovation and enhance consumer welfare. To achieve this goal, the former encourages innovation and the latter encourages competition. China has joined the World Trade Organization, and has entered into a new stage of economic development; at the same time, in the new century, China puts forward an economic development pattern focused on the strategic of IPR. However, in the real economic life, some countries and multinational corporations repeatedly accuse and attack China's intellectual property status, which economic development of the country to some extend affects, and even causes monopoly in some sectors. Along with the promulgation and implementation of Anti-Monopoly Law of China, the anti-monopoly regulating on IPR abuse has also drawn extensive attention.The research of anti-monopoly regulating on IPR abuse shall not limited to the scope of Intellectual Property Law and Anti- Monopoly Law. This dissertation applies multi-disciplinary perspective including economics, sociology, philosophy of law, etc. to the theoretical analysis of anti-monopoly regulating on IPR abuse, broadens the research range, and then demonstrates the importance and interests coordination of the Anti-Monopoly Law in the regulating the IPR abuse; through a combined research methods of empirical and inductive analysis from different points of view, summarily analyzes the regulating of IPR abuse of foreign anti-monopoly law system, whereafter summarize the foreign experiences of anti-monopoly regulating on IPR abuse from the sight of similarities and differences, and find out the ideas of legislation for China; using the wording methods of Chinese language, making the word "seeking" as the core characters, gives suggestions on the improvement of China's legislation of anti-monopoly regulating on IPR abuse.IPR has become an important wealth of modern economic development, the era of knowledge-based economy globalization requires a normalized market competition environment, the anti-trust issues in the field of intellectual property is increasingly becoming one of China's urgent issues that need to be solved, when establishing the legal system of anti-monopoly law in regulating on IPR abuse, it is necessary to coordinate the relationship between intellectual property and anti-monopoly law as much as possible, fully respect and protect IPR, meanwhile effectively regulate the conducts of intellectual property monopoly which restricts competition, and achieve the balanced development of innovation and competition. Therefore, it is necessary and urgent to establish a developed anti-monopoly legal system regarding the abuse of IPR.