Abuse Of Intellectual Property Rights In The Anti-trust Regulation

Intellectual property is a legal monopoly of the oblige granted by law in a certain time and boundary while antimonopoly law aimed at maintaining effective competition with its basic mission to oppose monopoly and protect the order of free competition. Thus it decides the potential conflict between Intellectual property and antimonopoly law. In the era of knowledge and economy, intellectual property is taking increasing effect on the economic development and paid more and more attention. However, the phenomenon of abusing intellectual property also exists more and more universally, which seriously hinders the marketing competition and the development of society and economy. At such time, the intellectual property has departed from the purpose that sets up its system. This thesis reveals the relationships and conflicts between the intellectual property and antimonopoly law, and analyzes the harm of abusing the intellectual property by the analysis of their systematic relations. In addition, it discusses the way how to regulate the abuse of intellectual property by antimonopoly law in order to protect the marketing competitive order and keep the economic safety of China.Chapter 1, from the angle of the phenomenon of abusing intellectual property existing in China, it analyzes the legal consequence of abusing intellectual property and points out that this act should be regulated by many laws, among which antimonopoly law is chief.Chapter 2, it discusses the relationships and conflicts between intellectual property and antimonopoly and their effects on the social and economic development from their respective angle by analyzing their relations.Chapter 3, it draws enlightenment that the abuse of intellectual property should be regulated by antimonopoly law in China through using the related legislative experience of foreign countries.Chapter 4, it puts forward some legislative propositions of antimonopoly law system in the field of intellectual property and some operational suggestions.