The Abuse Of Patent Rights And Antimonopoly Restrictions

Patent rights are some rights given by special bureaus of the government by law. Patent rights belong to the inventors or the obligees, and they can benefit from the rights within sure years without others' sharing . In deed, the Patent Right is a kind of monopoly right agreed and given by the laws. Patent rights are protected by the laws on intellectual property rights. But, no matter in any country, the monopoly given by the Patent Right is relative, limited, and it never has been absolute, unlimited. As it is written in our Antitrust Law, "The behaviors that taken by the operators who abuse intellectual property rights to remove or avoid competing are monopoly behaviors, and these behaviors should be limited by the Anitrust Law".Along with the developments of the world economics, today we have been in knowledge period and "science and technology constitute the primary productive force". The great economic value of intellectual property rights, especially the great economic value of patent rights has been recognized by the patent obligees. Some developed enteprises abuse their patent rights to hider those developing enterprises as while as they use their patent rights legally. The abuse of patent rights destroy the normal rules of the development of the economics, and hider the developing of economics. Especially in our country, our developing country in such a period that economics is developing in high speed and communications are more and more with the whole world, the study on the abuse of patent rights and antimonopoly restrictions is necessary and important.The essay contains four chapters. Chapter one is general theories on the abuse of patent rights. In this chapter, the standards of authorization, primary contents and restrictions on patent rights have been talked about. Chapter two is the legal analysis on the abuse of patent rights and antimonopoly restrictions. In this part, the necessaries of monopoly restrictions on abuse of patent rights are talked about in the way of legal theories such as the laws on intellectual property rights have limitations on keeping the abuse of patent rights within bounds, the necessarities on restricing the abuse of patent rights by antimonopoly, the coordination between the laws on intellectual property rights and antimonopoly. Chapter three is the comparative studies on the abuse of patent rights and antimonopoly restrictions. It talks about the antimonopoly restrictions on the abuse of patent rights of different countries and areas such as U.S., E.U., Japan, Taiwan and treaties such as TRIPS. And in this part, overall comparative studies on the abuse of patent rights and antimonopoly restrictions are also mentioned. Chapter four is the thoughts on the abuse of patent rights and antimonopoly restrictions in our country. To solve the problems, in this part, the current situations of the abuse of patent rights in our country has been studied. Also, the history of the abuse of patent rights and antimonopoly restrictions, the antimonopoly restrictions on the abuse of patent rights from our Antitust Law and other current laws with antimonopoly rules, the difficiencies of our antimonopoly legislation on the abuse of patent rights compared with the advanced in the world are mentioned. In the end of the part, the suggestions on improving our antimonopoly legislation and legal system on the abuse of patent rights are given.The essay employs various research methods, beginning with theory analysis and companied with concluding and assort; case analysis companied with positivism; comparative studies between U.S, E.U, Japan and Taiwan and other treaties such as TRIPS, addressed on resolution on problems in judicatory and execution through theoretical argument and legislation improvement.