China's Anti-monopoly Law Regulation Of Abuse Of Intellectual Property Rights Study

The 21st century, international competition is mainly based on science and technology, which usually exists in form of the intellectual property rights. Under the condition of intellectual economy, Intellectual Property right has become one of the most powerful forces in the development of economy. With the development of global economic integration, many multinational companies in the name of protecting intellectual property rights, misuse intellectual property rights to maintain their market dominance, to get excess profits, which serious prejudice market competition and economic development. By now, the anti-monopoly legislation has just begun, China has not established comprehensive anti-monopoly law system. It is difficult to counterattack when our national enterprises encounter the intellectual property strategy besieges from multinational corporations. In order to protect the legitimate interest of our national enterprises, but also maintain freely competition order in our market. Now established a sound system of legislation on in the realm of intellectual property is both theoretically and practically meaningful.The first part mainly analyses the potential conflict and consistency relationship between intellectual property and antitrust law. First, we have a general analysis of intellectual property and trust, the effects on the social and economic development from their respective angle by analyzing their relations.The second part mainly studies and analyses the basic theories of anti-monopoly regulation of abuse intellectual property rights and then listing the existed the abuse of intellectual property rights and the damage in our economy and society, so pointing out the necessity of intellectual property misuse regulated by anti-monopoly law.The third part mainly researched into the regulatory legislation, enforcement and judicial in the most advanced countries to help us establishing our own anti-monopoly legal system. It contains:the subject of regulating and legal regulation of intellectual property rights abuse, and agencies of regulation of intellectual property rights abuse.The forth part mainly proposes some suggestions of perfecting anti-monopoly legal system of the abuse of intellectual property rights. In view of the existing problems of intellectual property in our country, we should combine international advanced legislative experience research and the actual situation in our country to perfecting anti-monopoly legal system of the abuse of intellectual property rights from three aspects:setting up the general principles in anti-monopoly law concerning intellectual property misuse, the types of intellectual property misuse and the responsibility of intellectual property misuse.