Study On The Regulation Of Intellectual Property Abuse By Eu

The abuse of intellectual property has become an important issue of fields.The topic has aroused extremely large attention including scholars from intellectual property rights law ,international law and anti-monopoly law over the past few years. By use of the effective competition regulation and the rule of free movement of goods, EU has coordinated the relation of protecting the intellectual property and the EU competition law very well. It also forms a fairly complete application system in regulating the abuse of IP. So This thesis select the European Union for this study. The article composes of four parts as below :The first chapter mainly discusses several basic theoretical issues about the abuse of intellectual property rights. The characteristic of Intangibility and easy reproducibility different from the general property rights lead that intellectual property rights is easy to be infringed and also easy to be abused in practice. By comparing the abuse of IPR and the abuse of the general rights in civil law, the abuse of IPR and the enforcement of IPR, the abuse of IPR and the monopoly of IPR, it points out that the abuse of IPR is an indistinct idea and we needn't make a clear definition of it.Section 2 discusses the system of EU competition law about the restriction upon intellectual property.This chapter mainly analysis the conflicts between the goal of unifing large market of EU and the owners of IPR of Member States, points out that the effective competition regulation and the rule of free movement of goods can regulate the abusive behaviour of the owners of IPR even it doesn't build the national unified system of IPR,and then put more emphasis on the rule of free movement of goods.Section 3 is central to this study.With regard to the effective competition regulation,this chapter divides the rule into three parts:the basic terms, the procedural clauses,the substantive clauses,and summarizes up the basic procedures and the idea of enforcement of which EU make use of to evaluate intellectual property licensing agreements and the Abuse of Market Power .In view of the analysis to the evolution of the legislation in regulating the abuse of IP, it helps us to learn the flexibility of intellectual property policy of EU competition law.Section 4 is about some thinking and inspiration from the EU experience. It firstly introduces the competitive strategy of transnational corporations,and point out the urgency of our country for regulating the abusive behaviour of IPR.By comparing several major paths for regulating IPR,it hold that we should use current legislation to build the Competition rule for regulating the abusive behaviour of IPR,and we also cann't ignore the rule of IPR law. Lastly ,the paper hold that China should also enact antimonopoly rules according to the reality of our country and maintain the policy and the flexibility of intellectual property in order to regulate the monopoly of intellectual property in the trade of international intellectual property.