On Anti - Monopoly Regulation Of Misuse Of Intellectual Property In Multinational Corporations

Intellectual property is a double-edged sword. Since China joined the WTO, foreign multinational corporations have been very actively involved in the investment activities in China. They use intellectual property as a tool for market competition. This not only enhances the quality of assets, but also promotes economic development. Besides, those corporations’technology spillover has a very positive influence on our nation. However, intellectual property rights not only promote the economic development and social progress, but also help foreign multinational corporations to hold a monopoly position through abuse. Faced with the challenge that multinational corporations are now aggressively attempting to dominate China’s market in a short time, China has launched tactic strategies relating to intellectual property rights based on current national conditions, including cultivating market environment, raising relevant awareness, conducting research on country-level strategic countermeasures, improving regulatory mechanism, and facilitating the enforcement of patent rights. In order to solve the problems, this thesis brings up suggestions in order to target three key problems with an anti-monopoly perspective—— abuse of regulations, abuse of authority, and abuse of litigation.By reference to western developed countries’advanced experience of regulating anti-monopoly in intellectual property, the thesis analyzes and defines the behaviors of abusing intellectual property according to national conditions and makes further suggestions on how to improve China’s Anti-monopoly Law. On the other hand, the thesis illustrates how to restrict above-mentioned abuse behaviors and brings up suggestions on how to make and amend more specific and explicit laws.In addition to the introduction part, this thesis consists of four chapters:Chapter one conducts a theoretical analysis on intellectual property by introducing and analyzing the concept of abuse of intellectual property rights and intellectual monopoly.Chapter two elaborates the abuse of intellectual property rights by multinational corporations and its negative impact from three perspectives:(1) common forms:abuse of dominant market position, collaborations in limiting competition. (2) status quo of multinational corporations’ abuse of intellectual property rights:multinational corporations arbitrarily deploy junk patents and use them to set up patent pools in order to limit joint competition. (3) the negative impact caused by intellectual property abuse in China.Chapter three analyzes the international laws and regulations relating to abuse of intellectual property:(1) regulations against abuse of intellectual property in TRIPS (Article 8 and 40). (2) Legislation against abuse of intellectual property in various countries. (3) Inspiration for China from foreign legislation.Chapter four emphasizes that in reaction to the abuse of intellectual property in China, the thesis aims to make related legislative proposals to ensure comprehensive legislation, unified law enforcement, and effective judicial remedies.