Study On Abuse Of The Legal Regulation Of Intellectual Property Rights

Driven by economic interests, intellectual property is earily to be misused. Most of countries ,which have a perfect market regulative system, control intellectual property not only by protection but also by regulation that especially takes the Anti-monopoly Law as one of the most effective means. Under the background of WTO, various of the multinational corporations always wave intellectual property as the big sticks ,which has seriously disturbed the development of our society and economy. Consequently, by now , how to regulate the abuse of intellectual property perfectly has been as one of the most important issues in China. The right attitude for us to treat the modern law system of intellectual property is to go on to strengthen the protection and regulate the property necessarilly at the same time, and to combine the protection of the legal monopoly right with the regulation of the abuse of intellectual property well.This paper disscusses the law regulation of intellectual property from the perspective of Anti-monopoly laws,and it is both theoretically and pratically meaningful. The law assume to regulate the abuse of intellectual property has been taken on the bases of discussing the basic concepts of intellectual property, the abuse of intellectual property and so on ,and that the law weapon from the perspective of Anti-monopoly Law. It gives the suggestions from the perspective of Anti-monopoly Law to strengthen the relevant law system in China in order to make up the deficiencies that are too broad and lacks of specific operating standards in today's Anti-monopoly Law in China.The main framework of this study are as follows:Part I: The overview of intellectual property misuse. This part is mainly to interpret the abuse of intellectual property from the aspects of the meaning of intellectual property, jurisprudence ,classification and so on.Part II: The legal relative weapon of intellectual property– the Anti-monopoly Law. This part is mainly to disscuss how to use Anti-monopoly Law to regulate the relationship between the abuse of intellectual property and Anti-monopoly LawPart III: The main national and regional anti-monopoly of intellectual property misuse. This part is mainly to inspect the relevant legislation by comparing the main methods used for major countries and regions. Part IV: The suggestions on the abuse of intellectual property by anti-monopoly regulation. This part is mainly to analyze China's current legislative situation and put forward some ideas.