Legal Regulation On The Abuse Of Intellectual Property Rights Of Multinational Corporations

Intellectual property is a kind of civil right which allows the right owner to exercise certain right exclusively within a limited period. Generally speaking, Intellectual Property consist of patent, copyright, trademark, know-how, trade secrets and so on. In order to protect the technology innovation, literature and art creation and business reputation, those intangible property were given a legal monopoly by law. Trade-Related Intellectual Property Rights is one part of the world trade organization (WTO) as well as trade in goods and trade in services. It turns out the importance of intellectual property protection. With the trend of global economic integration, the importance of intellectual property system is increasing. The intellectual property system take a great part in innovation of the science and technology. People’s right consciousness is stronger and stronger, the protection of intellectual property rights standard is higher. Therefore, developed countries have increased the legislation protection of intellectual property rights constantly. However, intellectual property owner often abusing its intellectual property in order to pursuit the maximization of interests, which seriously destroyed the fair competition. Practically, developed countries often pursuing a policy of strengthening protection of intellectual property with its advanced technology. Intellectual property rights become a competitive tool from the rights of the individual brought a serious damage to developing countries especially China. Therefore, for maintain the balance of interests between developed and developing countries, promote economic rapid and orderly development, it is necessary to modify the behavior of abuse of intellectual property rights through reasonable intellectual property law and policy.Take several classic cases involving foreign elements for example, through the analysis of the multinational companies of developed countries do the harm of the abuse of intellectual property rights behavior, and draw a conclusion that it is necessity of legal regulation for abuse of intellectual property rights. Ultimately realize the goal of remove the harm of abuse of intellectual property rights in China though a better legal system. This dissertation has our parts. Chapter one introduces the performance of multinational companies abusing intellectual property right, analyses the historical origins of abuse of intellectual property rights and current research situation of abuse of intellectual property rights in China. Chapter two find out the necessity of legal principle to regulate the abuse of intellectual property rights. Chapter three presents current situation of the abuse of intellectual property regulation in China, using the method of comparative law, compare the legal regulation of intellectual property rights abuse in America and Japan. Put forward several proposals on how to regulate the abuse of intellectual property suit right. Chapter four exams put forward related legislative proposals to perfect the legal system of intellectual property in China in order to against the multinational company’s intellectual property rights abuse.