On The Abuse Of Intellectual Property Regulation

The nature of the legal system for intellectual property rights is to make theknowledge product producers such as originators,brand owners and authors gainrewards besides their costs by giving them certain range of exclusive rights,thereby stimulating innovation and stimulating the beneficial knowledge productto be invented. Although this exclusive right has restriction on time, on the regionas well as public policy, people has reached consensus mainly to its monopolycharacter.Under the condition of knowledge economy, the IP rights system becomesmore important. The science and technology development has made tort easier,and IP right owners control their rights more difficultly, by which the owner ofIP rights bring forward higher request to right protection. The abusing right'sbehavior and the right protecting behavior are the two aspects of a coin. IP rightorder itself can form certain restriction, while the opposite side could exploreanswer of abuse from impartial justice and honest credit principle in civil law.But the most effective control is anti-monopoly law, because anti-monopoly lawhas the value of protecting effective competition, and protecting impartial butefficient market order, and this is also many countries' experience onanti-monopoly law. Our country hasn't built up entire anti-monopoly law system,by which we couldn't have the anti-monopoly law on abusing intellectualproperty rights.The paper paid attention to the discussion and study of economy field andlaw field about this problem, wanting to reach a few conclusions by thoroughtheory thinking and demonstration analysis, and to make a little contribution forthe study of this problem.The dissertation is divided into four parts:PartⅠhas introduced the fundamental theory that intellectual propertyrights abuses. This part includes three arrangements of ideas: at first, the authorset forth the IP rights' fundamental theory such as concept, character and range,then brought forward the rationality of IP rights' monopolization. Secondarrangement has introduced the new develops of IP rights under knowledge-base economy. The third arrangement has revealed the boundary between abusebehavior and others as well as the type of abusing behaviors.PartⅡhas discussed the regulation of anti-monopoly law to IP rights abuse,that is, the problem of choosing a system to regulate the abuse behavior. Then,why, to be anti-monopoly law but not be others? The author points out thatanti-monopoly law and intellectual property rights law have coherence inaccelerating competition, promoting innovation and protecting the consumers.Besides, anti-monopoly law has extremely large necessity and peculiar functionin regulating abuse behavior.PartⅢis one of the key points in this text, which has discussed overseasregulation systems and their enlightenments. This part concerns many countriesand areas' modes such as USA, European Union,Japan,Taiwan of ourcountry and international treaties' regulations.PartⅣis the highlight of this dissertation. On the basis of three partsabove, this part makes out the legislation tentative plan about this field. Theauthor has firstly analyzed the current situation and insufficiency of our country'slegislation in this field, then put forward some suggestions about building up ourcountry's anti-monopolize law and regulation system in intellectual propertyright.