Study On The Abuse Of Intellectual Property And Antitrust Issues

With the large-scale development of industrialization and urbanization, "standard" appeared so popular in our lives. Especially with the rapid refreshment of information technology, the technology has become the essential bases of enterprises' survival. The monopoly of techniques means the monopoly of markets. So a lot of transnational corporations and monopoly enterprises packed up their intellectual properties into sorts of standards, used them as ramparts of industries in order to restrict competitions. The abuse of intellectual property and antimonopoly of it has become a problem which is necessary to pay attention to and study. My object of this thesis is to research and resolve this problem.The abuse of intellectual property means that the owner of intellectual property overruns the legal area or legitimate limit in his exercise of his rights, leading to the illegal use and damage other's advantages and public welfare. My thesis started at"standardization"which was the most typical form of intellectual property abuse, tried to explain how IP abuse occurs under the reasonable pack of"standard"and bring monopoly. Because law of intellectual property is unable to regulate it, anti-monopoly law is requisite.There are five chapters in this thesis. The first chapter mainly defined the basic concepts of this thesis, such as standardization's definition, background and the sort of standard. Standardization emerged in"knowledge economy"era, the new characteristics of knowledge economy is the foundation of standardization. There are two kinds of standard: de jure standard and de fact standard, the latter is free and concealed to enact and including lots of intellectual property.The second chapter we introduced the connection of standardization...