Abuse Of The Antitrust Laws Based On The Regulation Of Intellectual Property Research

Intellectual Property right is a legitimate monopoly. Generally speaking, Intellectual Property possibly makes the proprietor hold a dominant market position, some proprietor of Intellectual Property right abuse the dominant market position for benefit. As we know, antimonopoly law' s purpose is to protect competition, so anticompetitive acts will be published by antimonopoly law.Based on the analysis and appraisement of the theories of Intellectual Property and antimonopoly law, from the perspectives of economics and law. This paper discusses the interaction between Intellectual Property and antimonopoly law, with the focus being on studying on antimonopoly issues of Intellectual Property rights.The main discussion is divided into five parts. In chapter 1, I introduce the improvement of the legal system of Intellectual Property. Utilizing intellectual theory and property right theory, I discuss the theory of Intellectual Property, and so on. In chapter 2, I discuss the definition of abuse of Intellectual Property Right. In chapter 3, I study on the antimonopoly issues of abuse of Intellectual Property right, concentrating on the restriction of antimonopoly law. I expound the relation between Intellectual Property'and antimonopoly law. In chapter 4, I research to abuse of a dominant position, which is a topical act of abuse of Intellectual Property. In this chapter, I first discuss how to define market position and relevant market. Then, I examine the legitimate act of Intellectual Property and abuse of Intellectual Property. Besides, I introduce legal rules on controlling mergers. In chapter 5, I describe China' s legislation on antimonopoly in the realm of Intellectual Property. I introduce the present situation and the signification of antimonopoly issues to be brought forward in China.