On The Abuse And Regulation Of Intellectual Property

Through expounding the relative definition of the misuse of intellectual propertyrights and the manifestation of the misuse of intellectual property rights in the case law ofthe UK and the US, the paper makes a targeted consideration of China’s existing andpotential the misuse of intellectual property rights, and, taking China’s practical situationinto account, it proposes reference recommendations of legal institution in respect of theperfection of the regulation of China’s the misuse of intellectual property rights. The mainbody of the paper is divided into three parts:The first chapter: Overview of the misuse of intellectual property rights: it expoundsthe definition of the misuse of intellectual property rights and its relation with the misuseof civil rights, origin of the misuse of intellectual property rights of the US, and theprovisions prohibiting the development of the misuse of intellectual property rights andthe judgment standards of the misuse of intellectual property rights in American laws, soas to provide fundamental basis for the regulation of the misuse of intellectual propertyrights;The second chapter: The main manifestation modes of the misuse of intellectualproperty rights: in consideration of the existing and potential problems in respect of TRIPsAgreement in the Anglo-American Legal System, it enumerates the misuse conducts ofintellectual property rights in detail, so as to provide direction for the regulation of themisuse of intellectual property rights;The third chapter:Regulation of the misuse of intellectual property rights: specific tothe misuse of intellectual property rights outlined in Article2, it proposes the regulationmethods in principle, aiming to perfect China’s legal system in this respect.