Abuse Of Intellectual Property System

With China's entrance into WTO, intellectual property disputes have emerged one after another: More and more queries are raised about the actions of Microsoft, Cisco and DVD patent pool when they perform the intellectual property rights. At the same time, the requirement of formulating a new law to restrict the abuse of intellectual property begins to loom up in China. Actually, whether international enterprises (such as Microsoft, Cisco) or foreign countries (including USA, European Union) all aim at self-interest when they choose a way to protect their intellectual property rights. Therefore we should pay more attention to protect the intellectual property not only in consideration of the social interest but also our nation interests. The enforcement of this kind of intellectual property right should be regulated and restricted by the anti-monopoly law if the abuse restricts proper competition that results in damaging fair competition order and the public interests.My study on restricting the abuse of intellectual property with anti-monopoly law is basically from the following four parts. Firstly, based on the analysis of legal background, the meaning of intellectual property abuse and the types of the abuse, as well as the root of the abuse analyzed in aspects of economic, political and legal are introduced. The second part discusses in theory the relationship between intellectual property right and the anti-monopoly law and points out its complication between intellectual property and anti-monopoly, as well as the potentially conflicts and consistency existed in them both. The third part respectively introduces the restrictions on the abuse in WTO, USA, European Union, Japan and Taiwan in order to give a referential example for China in the relevant legislation for the antitrust structure. The fourth part firstly puts forward the problems of we are now facing in restricting the abuse of intellectual property, then points out the necessity and urgency to restrict the abuse with anti-monopoly, and finally presents my thoughts to establishthe legal system with anti-monopoly law to restrict the abuse of intellectual property in China.