Abuse Of Intellectual Property Antitrust Regulation,

Intellectual property is a legal monopoly. In generally intellectual property is beyond the regulation of antitrust law. On one hand this kind of monopoly can activate invention, increase the welfare of consumer. On the other hand the misuse of the monopoly will violate antitrust law. In this paper by analysis the conflict and harmonise between the two laws, the writer believe that it is necessary to use antitrust law to regulate intellectual property right. This paper including 7 parts as follows:Part 1 In this part, the writer introduce the conception, range, nature and character of IP. The definition of IP is difficult In this paper the range of IP includes copyright, parent and brand. Monopoly is the most important character of IP.Part 2 By economic analysis the writer explain that the legality of the monopoly of IP is that IP set a activate project, by giving the inventor limited monopoly to activate invention. Further, this project tries to balance the personality benefit and social welfare, to balance the benefit of productor and that of the spreader.Part 3 In order to regulate the misuse of IP right, IP law adapt two paths as follows: the term limitation and the misuse principle. But the misuse principle can only be use to plea, the effect is very limited.Part 4 By introduce the statute and some cases of U.S.A. to specify the confliction between the IP and antitrust law. The type of the conflict includes tying, refuse to licence, mandatory exchange and standardization and mandatory access.Part 5 There is necessary and probability to harmonize IP and antitrust law. Various approaches give different result To harmonize the two laws should abide by reasonable rule.Part 6 Comparing the legal model of U.S.A., E.C., Japan and Taiwan province of China. The U.S.A. model is obscure. But the model of E.C., Japan and Taiwan province is easy to identity. China had better adapt the later model.Part 7 In this part the writer gives a conclusion that there is necessary to set antitrust law and use antitrust law in IP area in china. We had better adapt the model of E.C., Japan and the...