Abuse Of Intellectual Property System

Knowledge-based economy ages, the intellectual property right plays a more and more important function in market economy. follow by, the field of intellectual property have more and more questions on anti-monopoly. Undoubtedly, the Intellectual property shall be protected as a kind of legal monopoly power. However, if abused, it will disrupt the market order and do harm to the interests of the rest competitors and customers. Therefore, the abuse of intellectual property shall be regulated. The intellectual property abuse shall be restricted by the law of the intellectual property itself, and be restricted by the fundamental principles of the Civil Law and the Anti-monopoly Law.These laws shall, in the view of their respective ways, guard the exercise of intellectual property against deviation to its basic aim. The restrictions of the intellectual property law itself and the fundamental principles of the Civil Law is to deal with the intellectual property abuse in the field of Civil Law, and is definitely limited by the way and character of the Civil Law. The Anti-monopoly Law, however, is ranked in the foremost place of the intellectual property restriction system because of its character of public law, competition maintenance and settlement means.This essay will contact Article 55 of Anti-Monopoly Law of the People's Republic of China This law shall not apply to the conduct of business operators to exercise their intellectual property rights in accordance with the laws and relevant administrative regulations on intellectual property rights; however, this Law shall apply to the conduct of business operators to eliminate or restrict market competition by abusing their intellectual property rights." to have a research on the shortcomings and possible questions on the regulation the abuse of intellectual property.This essay will have a research on the issue in four parts.In the first part, the essay will have an introduction on the basic theory of the intellectual property and the intellectual property abuse for example: concept and character and harm.In the second part, the essay will analysis the relationship between the intellectual property abuse and the anti-monopoly law.In the third part, one of the core parts of this essay, the essay will have an investigation on the positive law, such as the legislations and practices of the US, EU, Taiwan China, and make an analysis on the enlightenment to China. The essay will further elaborate introduce the traditional system of the intellectual property law restrictions. The essay will prove that the Anti-monopoly Law is the best way to cope with the intellectual property abuse through the analysis on the need of Anti-monopoly Law restriction.The last part, the essay will, through the analysis the Anti-monopoly Law restrict intellectual property abuse, point out the shortcomings of our Anti-monopoly Law, and make some specific proposals for the current laws in the intellectual property field in China.