Abuse Of Intellectual Property, Antitrust Regulation

The intellectual property is a kind of private rights. The intellectual property system is a brand-new property system compared to tangible property. This system can stimulate the creators of intellectual products to the innovation and development of intellectual property by the way of granting the legal monopoly power to them, and objectively accelerate the development of economy and society. Undoubtedly, the intellectual property shall be protected as a kind of legal monopoly power. However, if abused, it will disrupt the market order and do harm to the interests of the rest competitors and customers. Therefore, the abuse of intellectual property shall be restricted. The intellectual property abuse shall be restricted by the law of the intellectual property itself, and be restricted by the fundamental principles of the Civil Law and the Anti-monopoly Law. These laws shall, in the view of their respective way, guard the exercise of intellectual property against deviation to its basic aim. The restrictions of the intellectual property law itself and the fundamental principles of the Civil Law are to deal with the intellectual property abuse in the field of Civil Law, and are definitely limited by the way and character of the Civil Law. The Anti-monopoly Law, however, is ranked in the foremost place of the intellectual property restriction system because of its character of public law, social orientation, competition maintenance and settlement means.This essay will have a research on the intellectual property abuse in three parts.In the first part, the essay will have an introduction on the concept and character of the intellectual property, and point out that the intellectual property is a kind of legal monopoly power and shall be protected by the laws. However, if exercised inappropriately, it will be considered as the intellectual property abuse. Then, the essay will elaborate the concept and constitution and catalogue of the intellectual property abuse, and prove its universality and damage to the public interests and marker competition order. The essay will further elaborate the necessity of the law restrictions on the intellectual property abuse and introduce the traditional system of the intellectual property law restrictions. The essay will prove that the Anti-monopoly Law is the best way to cope with the intellectual property abuse through the analysis on the complicated relations between the intellectual property and the Anti-monopoly Law.In the second part, the essay will have an investigation on the pasitive law, such as the legislations and practices of the US, EU, Japan, Taiwan China and TRIPS, and make an analysis on the enlightenment (to China) of these legislations, jurisdictions and enforcement practices.In the third part, it is also the core part in the essay. The essay will, through the analysis on the intellectual property abuse and the law restriction system, verify and make proposals for the current laws in the intellectual property field. The essay will pinpoint the defects of the legislation of the intellectual property abuse in China through the direct or indirect analysis and verification on the intellectual property abuse. Then, the essay will make some specific proposals for the legislation of the intellectual property abuse in China.