Antitrust Regulation Of Intellectual Property Rights Abuse In China,

The intelligent property is a legal monopoly within certain term, certain scope. The antitrust law aims to maintain a valid competition, and the basic mission to the antitrust law is to oppose the monopoly and to protect the competition order. That decides the conflict must be happen between the intelligent property law and the antitrust law. In knowledge-based economy ages, the intelligent property is increasingly important to economic development, the intelligent property gets the value more and more. The intelligent property abuse is also increasingly widespread. The intelligent property abuse has already hindered the competition and economy development. The intelligent property protection has already deviated from the purpose of the intelligent property law to promote the innovation. Contrasting the antitrust law and the intelligent property law, the relations can be discovered. Based on the actual circumstance of China, the paper analyzes the intelligent property abuse and its influence in our country. Draw lessons from the antitrust law of the other nations, the paper discusses how to overcome the conflict between the intelligent property law with the antitrust law, and points out that China should build up the antitrust law to restrict the intelligent property abuse, to maintain the competition, and to protect the national economic safety. The paper puts forward some concrete operable speculations that build up the antitrust law also.Chapter 1 The author deduces a conclusion from the intelligent property abuse in China that the antitrust law restriction is indispensable and possible against the intelligent property abuse.Chapter 2 The author points out that the intelligent property abuse can disobey the civil law, the intelligent property law, the antitrust law, other economic law and international treaties. The intelligent property abuse is adjusted by various law. The paper mainly discusses the antitrust law restriction against the intelligent property abuse.Chapter 3 The author analyzes the relation between the intelligent property law with the antitrust law, and gets the difference value tendency from the antitrust law and intelligent property law. Both of them push the economic development forward.Chapter 4 The author discovers the conflict between the intelligent property law and the antitrust law. Draw lessons from the antitrust legislation abroad, the paper puts forward to overcome the conflict between the intelligent property law and the antitrust law.Chapter 5 The author conceives a plan to restrict intellectual property abuse by the antitrust law, and put forward some suggestions that have the operability also.