Study On Antimonopoly Regulation Issues Of Abuse Of Intellectual Property Right

Intellectual property law and the antimonopoly law are two important branch laws in the market economy .the two have great consistency in promoting scientific and technological innovation and pushing forward economic competition, but in actual life, there also exist contradictions between them.By beginning with the intellectual property rights abuses, this thesis on one hand analyzes the relationship between intellectual property law and the antimonopoly law, while on the other hand mainly discusses the great necessity of the antitrust regulations in tackling the abuses of the intellectual property rights. It is known Microsoft Company has seen many cases of abusing its intellectual property rights, which has revealed the disharmony between the intellectual property rights set up for private rights in nowadays economic life and the anti-monopoly law meant for the protection of the social public interests. As the Microsoft cases have been paid attention to in the economy circle, the studies and researches across the intellectual property rights and the anti-monopoly fields have witnessed gradual increase. But the related scholars have not made a systematical review of the basic theories of the intellectual property abuses, and also the research on the antitrust regulations of the intellectual property rights have been neglected for a long time. This inadequacy in theoretical research has been reflected in the actual practice, which results in the cognitive embarrassment across the fields of intellectual property rights law and the anti-monopoly law, especially leads to the legal dilemma in the antitrust regulations for the intellectual property. This thesis aims at the reviewing the related theory of the intellectual property abuses and makes a deep discussion of the relationship between the two laws. By borrowing the international experience and based on the contexts of china, it reveals the current situations of the antitrust regulations of the intellectual property abuses in our country, analyzes and calls for the comprehensive antitrust regulation system for the intellectual property abuses.