On The Regulation Of Anti - Monopoly Law On The Abuse Of Intellectual Property

In the era of rapid development of the economy, intellectual property rights havebecome the core weapon of the international trade competition. Today, in order to seizethe high profits, the enterprise uses their mastery of the core technology of intellectualproperty rights, abusing all kinds of intellectual property rights, monopolizing ourcountry market, suppressing competitors on the same industry, hindering the process ofinnovation, and violating the principle of free competition. Although China introducedthe anti-monopoly law in2008, it stops at anti-monopoly law regulation of the abuse ofintellectual property rights; and the relevant legal provisions scatter, lacking explicitreview principles and execution rules to form a complete set, while legal liability is toolight. All those result in the barriers of dealing with cases by law enforcement agencies,and not deterring the illegal operators. This paper aims at elaborating the relationbetween intellectual property rights and antitrust law through analyzing the productionof the abuse of intellectual property rights and its manifestation, clearing the necessityof the anti-monopoly law regulation of intellectual property rights. At the same time,this paper sums up the outstanding experiences of foreign countries, combining with theconcrete situation in our country, putting forward that the legislature should introduceantitrust enforcement guidelines of the abuse of intellectual property rights, clearingprinciples of antitrust review, establishing a unified, specialized anti-monopolyenforcement agency, and perfecting the system of anti-monopoly law responsibility.