Abuse Of Intellectual Property Antitrust Regulation

Intellectual wealth has became the outstanding element which can affect comprehensive national power in the 21st century. As the protect of intellectual wealth, the whole world pay more and more attention on intellectual property. It endow the owners with exclusive rights to stimulate the exploitation and utilization. However the owners often abuse their rights to make profit, which destroyed the market competition. The topic of this thesis is how to protect competition effectively on basis of the maintenance of the owner's advantage. With the methods of economic analysis and comparison, we made a deep research on intellectual property, abuse of intellectual property, the restriction legal system of intellectual property, the relation between intellectual property and antimonopoly law. We introduced the practice of antimonopoly in the realm of intellectual property in many countries, advised to build the regulation system of antimonopoly in the realm of intellectual property in our country immediately, and put forward the preliminary design of that system.The first chapter discussed the protect and the abuse of intellectual property, use the method of cost and revenue analysis to research the relation between protect of intellectual property and competition. We indicated that the ultra protect of intellectual property will destroy the competition and result in a deadweight welfare loss. Then we discussed the traditional restriction system of intellectual property law, concluded that we must rebuild the restriction system by private law and public law, and indicated the special position and role of antimonopoly law in the restriction system of intellectual property.The second chapter discussed the relationship between intellectual property law and antimonopoly law. We have pointed out that their accordance on the aims and the spirit, and their conflict on angles, priority, regulations and detailed measures. In the end, we concluded that the relationship between them ended in the concession in some degree by antimonopoly law to ensure the moderate space for existence of intellectual property.The third chapter introduced the practice and progress of antimonopoly in the realm of intellectual property in USA, EC, Japan and WTO, and made an analysis and appraisal on the sameness and difference by comparison. In this part we also pointed the reference significance to our country.The forth chapter is the focus and the purpose in this thesis. We first remarked the necessity and urgency of antimonopoly in the realm of intellectual property in our country. Then expatiated the correlated standing regulations in our legal system, and indicated it's deep reasons of history and institution. In the end we try to propose the detailed regulation system in antimonopoly of intellectual property from the respects of basic principle, running mechanism, regulation system and it's detailed form, antimonopoly control mode, etc.