Abuse Of Intellectual Property And Antitrust Regulation

The 21st century was a knowledge economy time, the intellectual property rights and the legal system already highlighted its influential role in the economical and the social development function, and might know in advance that in the future its will certainly to be more important and prominent. But, recent years, along with knowledge economy's rapidly expand, the cases about the abuse of the intellectual property rights are getting more and more, which causes the function of the intellectual property rights impetus economic development depressing, even hinders the information dissemination, technological progress, and harms the market the fair competition mechanism, particularly in the IT industry is more prominent. The IT industry is the information technology industry, which is the typical representative of high tech industry in the era of knowledge economy. Because its development and the intellectual property rights are inseparable, therefore the question about abuses of the intellectual property rights in IT industrial is very typical, for example, attracts worldwide attention the Microsoft case is typical representative. Therefore, the protection of intellectual property rights cannot be carried to an extreme or sanctify, which has to have one reasonable and the moderate boundary. Although the intellectual property rights have the legitimate exclusive right which the law entrusts with, but the intellectual property rights obtain legitimately do not represent to its exercise also legitimately. There still is a right or not problem in the exercising process. Improper exercised the intellectual property rights, will cause to abuse, even the monopoly question.Facing this all sorts of challenges, compares overseas, our country is very limited in the related aspect's legislation. Before our country's "Antimonopoly law" implements, there is no special law and regulations about it, and practicing cannot solve the question too. But the implementation of "Antimonopoly law" finally enabled our country to have a comparison systematic law in the antimonopoly question. Regretfully, about the question of abusing intellectual property rights, although the "Antimonopoly law" involves, which is not clear and systematic, just has carried on the simple explanation in the supplementary articles.In this article, author mainly uses the methods of practical analysis and the comparison research to study the abuse of the intellectual property rights. Through general analysis the basic question on the abuse of the intellectual property rights, and the form of cases to make a key discussion about the special performance which the IT industry's abuse of intellectual property rights, added analysis and study the overseas' related legal system, and then unifies our country own characteristic, finally make some suggestions for our country to use antimonopoly law to restrain the abuse of intellectual property rights. Specifically speaking, first, we must coordinate the antimonopoly legal system in the area of intellectual property rights. Second, we should study European Union and American as well as Japan's experience, and make the antimonopoly guideline which suits our country as soon as possible. Last, author propose some different opinions about our antimonopoly agency, and suggest to make some reform.