Foreign Intellectual Property Monopolies And Antitrust

The paper consists of four parts, mainly dealing with monopoly and counter-monopoly of foreign intelligence right. The forword gives a brief introduction of the situation that Chinese enterprises, esp. export enterprises, have been subjected with accusations of offences of foreign intelligence right. To analyze the causes and counter the foreign monopoly has been extremely urgent for Chinese enterprises and the whole society to establish a complete legal system and effective defense mechanism.I. Monopoly of foreign intelligence right. Its definition shall be that the owner of the intelligence right (chiefly refers to multi-national corporations) by right of its copyright abuse it to limit proper competitiveness and squeeze out other rivals to monopolize domestic and foreign market to harm social benefits. The monopoly can usually be technological bulwark, binding sale, price discrimination, etc.II. Relationship between law of intelligence law and counter-monopoly law. First the author expounds their consistency by raising law of intelligence right as private law and counter-monopoly law as public law. Though in different ways and different anger to regulate competition, they are inclined to point to the same goals. To be specific, there are several potential conflict between them, a, conflict in legislation the objects of law of intelligence right are a series of structures and forms. It is impossible for the owner to actually possess and control it to prevent others from owning and using it in the meanwhile. Objectively it need more protection, which as a system can be harmful to the average people to monopolize a certain information. The consideration of counter-monopoly legislation is that who monopolize the intelligence right can take advantage of its superior position to squeeze or damage other economic rivals and violate the market order, therefore some restriction will be necessary to protect the market against these actual and potential risks. Essentially, the clash between two laws is that the former is a complete creation of monopoly while the latter is intended to confine the monopoly, b, Conflict in values. The nature of intelligence right is civil right...