High-tech Fields Of Intellectual Property Protection And Antitrust

Both Information Industry and gene project industry belong to Industry of advanced and new technology, whose development rely on the protection of intellectual property (rights). However, intellectual property (right) is a kind of lawful monopoly. Too much protection for specialized intellectual property (rights), for example, some information industry standards including intellectual property rights, without any anti-monopoly provision may easily result in and maintain monopoly, which will affect seriously the competition of our enterprises. Information Industry and biology Industry, in particular, may stand in the same condition more easily, due to their own characteristics. Although we can hardly see any monopoly of our enterprises resulting from intellectual property, foreign monopoly enterprises have already begun to launch an attack toward our enterprises. The case Scott v. Huawei is an example. Therefore, in these two areas, it's urgent to regulate such monopoly.This thesis comprises five parts.In the first part, the social attribute of intellectual property is demonstrated. Though belonging to the category of civil law and being a private right, intellectual property is crucial to the development of a nation's culture career and business prosperity and therefore is closely connected with the public interest of society. It should not be right standard, instead, it should be social standard and thereby lay a basis for the regulation of anti-monopoly to be discussed in the following parts.The second part discourses upon the characteristics concerning the cause of formation of information Industry monopoly. One of the uppermost characteristics of information Industry is the mutual communication. This Industry cannot do without standards. But these standards are usually inosculated with intellectual property and thus brings about legal obstacles preventing other enterprises from getting into the relative market. That made it easier to form and maintain monopoly. Besides, some new intellectual rights, such as patent right of software, appear, which adds to the possibility of monopoly.The third part summarizes the ways in which information Industry restricts competition and puts forward concrete anti-monopoly regulations. Among the ways are denying admission, price discrimination, predatory price and overprice. As for regulations, the author suggests that exemption from intellectual property right be excluded under certain circumstances.Part four analyzes the reasons for the monopoly of gene patent. The principal reasons arethe limitation of gene recourses, the broadness of gene patent claim, and the enclosure movement of gene patent throughout the world.Part five brings forward and analyzes the precautions against monopoly of biology Industry mainly from the perspective of the scope of patent object and patent examination. The author declares that gene discovery (scientific discovery) should not be considered as patent object. In the case of inventive examination and practical examination, we should consider the fact that our biological technology falls behind the other countries and thus impose strict examination standard so as to prevent from being surrounded by the powerful countries.