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Abuse Of Intellectual Property, Legal Regulation,

Posted on:2009-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2206360242488305Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Intellectual property rights are what subjects enjoy according to the law by their creation in the scientific, technical and cultural fields. It has the legality, invisible, the region, the deadline and so on. Intellectual property rights are private and also legitimate monopolized rights, which are compulsorily protected by the law. However it is easily be abused by the driving of economic profit. So most perfect market economy regulation system of the states have taken double models of protection and regulation. Among them, the anti-monopoly legal regulation is a way of the most efficient. The thesis, through researching into the problems of anti-monopoly on the abuse of intellectual property rights, proposes that it should strengthen related legal system construction in China, aims at making up the deficiencies of the Anti-monopoly law that it is too principal and general in China.The first chapter of the thesis, beginning with the brief definition of intellectual property rights and their privacy nature, analyzes their relationship with anti-monopoly law. Then in the second chapter, through analyzing the abuse of intellectual property rights, discusses the occurrence, definition and basic forms of abusing intellectual property rights. Chapter Three researches into the anti-monopoly law in the field of intellectual property rights in the most advanced countries-U.S.A., Japan and European countries in an all-round way. Next, the fourth chapter analyzes and compares anti-monopoly law regulation of abusing intellectual property rights at home and abroad, in hope of providing information of demonstration for drawing lessons from the experience of abroad in China. Following Chapter Five, based on China's current situation, analyzes the existing problems with the preparation of implementation of anti-monopoly law. Finally, in Chapter Six, in view of the existing problems, the thesis proposes some suggestions of perfecting China's anti-monopoly legal adjustment on the abuse of intellectual property rights.
Keywords/Search Tags:Intellectual property, Abuse of intellectual property rights, Anti-monopoly law, Legal regulation
PDF Full Text Request
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