Abuse Of Intellectual Property, Antitrust Regulation

Intellectual wealth has become the outstanding element which can affect comprehensive national power in the 21 century. As protecting the intellectual wealth, the whole world pay more and more attention to intellectual property. It endows the owners with exclusive rights to stimulate the exploitation and utilization. However, the owners often abuse their rights to make profit, which may destroy the market competition. This thesis aims at how to protect competition effectively on basis of the maintenance of the owner's advantage, to research in detail intellectual property, abuse of intellectual property, the legal restriction system of intellectual property, and the relationship between intellectual property and antimonopoly law by means of economic analysis and comparison. In addition, the practice of antimonopoly in the realm of intellectual property in many countries are introduced, and suggestions to build the regulation system of antimonopoly in the realm of intellectual property in our country immediately and to put forward the preliminary design of that system are proposed.The first chapter discussed the protection and the abuse of intellectual property. It is indicated that the ultra protect of intellectual property can destroy the competition and result in a deadweight welfare loss.The second chapter discussed the relationship between intellectual property law and antimonopoly law the traditional restriction system of intellectual property law and the special position and role of antimonopoly law in the restriction system of intellectual property, and suggested that we must rebuild the restriction system by private law and public law.The third chapter introduced the practice and progresses of...