On Regulating Abuse Of Intellectual Property Rights By Anti-monopoly Law

Intellectual Property Right is a legitimate monopoly ,it exists beside theAnti-monopoly law. With the society transferming into knowleage economy, the intellectual property right become a important facter in the international market to regulate the competition.However,Intellectual Property possibly makes the propriertor hold a dominant market position,some proprietor of intellectual property right abuse the dorminent market position for benefit, which confines the market competition.For example,Microsoft holding the soft copyright monopolizies the international market.The abuse of intellectual property right is to the proper use of intellectual property right. It reflects on the action confining the market competition,which could not be punished by the civil laws and economic laws. The necessarity is decided by the nature and character of Anti-monopoly law . Anti-monopoly law protect and regulate the market competition on purpose of drawing the balance between Anti-monopoly and intellectual property right. That will play an important part in impelling the social efficiency and social fair. So it is necessary in our county to discuss the issues about Anti-monopoly law regulating the abuse of intellectual property right. The main discussion is devided into five part.In part 1,discuss the difinition of abuse of intellectual property right to distinguish the actions,I will talk about the emergeing,the reflecting form and the extent of the abuse of intellectual property right aiming at regulating it .In part 2,discuss the necessarity of Anti-monopoly law to explain why the Anti-monopoly law is against the misusing intellectual property right and why it is a confined measure aiming derectly at the using of the intellectual property right.In part 3,analyse the foundation of Anti-monopoly law in foreign counties such as America ,Japan and Union Europe. On some comparision,we could have a lesson on regulating related law system of our county.In part 4,analyse the real situation and the shortage in mordern times in our coungtry .In part 5,give some suggestion to restrict the Anti-monopoly law and to perfect the law system. The main purpose is to analyse how to use the Anti-monopoly law to regulate intellectual property legally .