On The Field Of Intellectual Property In China Antitrust Law System Improvement And Thinking

In the new century called knowledge economy age, many countries which have their own anti-monopoly legislation system are faced with one subject that is how to regulate monopoly behaviors in the intellectual property field. There is an important subject to our country constructing our own legal system at present is how to formulate a law code which embodies the international trend and matches our national conditions, and the most important thing is how to determinate and process the monopoly behavior in the intellectual property field. Although there is no special law system to regulate the monopoly behavior in the intellectual property field in china, but we can also find many legal provisions which adjust the monopoly behavior. In fact, these legal provisions are incomplete, so we can say that we still in the blank status in the aspect that regulating the monopoly behavior in the intellectual property field in the new knowledge economy age. Fortunately, some thing which is gratified is there are many scholars and experts are conscious about the importation of making reverse monopoly law system, Mr. Wang Xianlin who analyzes how to regulate the anti-monopoly in the intellectual property field. He states that on one hand, we must raise the protection level of the intellectual property in sue the harmonious order of intellectual property in the condition of knowledge-based economy; on the other hand, we must avoid the antimonopoly action caused by abusing intellectual property so that we can retain in advance the space for the public benefit an keep the normal order of competition in market. So it has theoretic and practical significance to study thoroughgoing and carefully the relationship between the intellectual property law and antimonopoly law. The study is helpful to enrich and perfect the theory of intellectual property law and antimonopoly law so as to provide the concrete reference views to our legislation on antimonopoly and antimonopoly in the realm of intellectual property.In the fist part of the thesis, we analyze the antimonopoly case of American Microsoft company, and talking about why we must construct legislation on antimonopoly and antimonopoly in the realm of intellectual property.And the second part of the thesis analyses conflicts outside expression and inside root between intellectual property law and antimonopoly law. And at the end, we find that the roots of the conflicts are the abusing the intellectual property rights.In the third part, we elaborate the theoretic base about how to harmonize intellectual property law and antimonopoly law including necessities, base and principle of harmonization.In the fourth part, we introduce the concrete practice on antimonopoly law prohibiting the action of abusing intellectual property rights. On the basis of summing concerning legislation, we put forward the guiding ideology on which antimonopoly law restricts action of abusing intellectual property rights in China. According to the guiding ideology, we list the direction how to build our own antimonopoly law in the intellectual property field.