An Analysis Of The Legal Regulation Of The Denial Of Intellectual Property

Since China joined the World Trade Organization, the issue on intellectual property rights has become a hot topic in our society. Also the enormous market potential of China has been attracting more and more multinational corporations, most of which are high-tech firms. These multinational corporations have utilized their status of domination or monopoly in the market to eliminate the profits of local corporations in China, also damage the social public interests. It has shown that, among all kinds of abuses conducted by multinational corporations, the most common one is refuse to license IP rights.Structurally, this dissertation is divided into four parts. The first part of this paper gives an overview of the definition and classification of refuse to license IP rights, in order to define the scope of this study, and analyze the theoretical basis of refuse to license IP rights.The second section describes the issue of how to judge whether the refusal to license intellectual property fights violate the law by introducing the foreign theory of critical facilities.The third part analyzes relating regulations and classic cases of international organization, the EU, the USA and Japan, which indicates the worldwide view.The last chapter introduces Chinese current legal regulation of refusal to license intellectual property rights, and analyzes how to build and improve the laws which mainly regulating the issue.