China's Anti-trust Restrictions On Intellectual Property Rights Abuse

The Chinese Antimonopoly Law was adopted at the 29^th session of the Tenth National People's congress on August 30, 2007, that means we have fulfilled the complicated job which lost 13 years. The Chinese Antimonopoly Law is very important to the economic development of china, and it reflects the demands of market economy and the society. One very important reason is that we can use it to resolve the puzzled question which is how to restrict the misuse of intellectual property. As the protection of intellectual wealth, it endows the owners with exclusive rights to stimulate the exploitation and utilization. However the owners often abuse their rights to make profit, which destroyed the fair competition of market, that will make damages to the order of market. Based on the newly published Chinese Antimonopoly Law and the practice of china, with the methods of economic analysis and comparison the paper made deep research on the misuse of intellectual property, the concept, character of the misuse of intellectual property, the relation between intellectual property and antimonopoly law, the standpoint and principle of The Chinese Antimonopoly Law. Finally, the paper advised how to follow out the substance of the law in the practice, and introduced the ways and means which can help us use the weapon of law to restrict the misuse of intellectual property.The article consists of 4chapters, in the first chapter; we discussed the fundamental theory of the Chinese Antimonopoly Law and the misuse of intellectual property, analyzed its purpose and merit, interpreted the relation among the merits, and discussed the relation and the inner root of the contradiction between intellectual property right and antimonopoly law, analyzed the basic theory about the misuse of intellectual property, defined the misuse of intellectual property, additionally interpreted the foundation of theory and practice on which we can restrict the misuse of intellectual property by antimonopoly. The second chapter introduced the practice and progress of antimonopoly in the realm of intellectual property in USA, EU, and Japan, and made an analysis and appraisal on the sameness and difference by comparison. In the third part, the thesis analyzed how to restrict the misuse of intellectual property by using the antimonopoly law, analyzed the reasons why the owners often abuse their right, and summarized the forms of misuse of intellectual property, introduced some famous cases about antimonopoly in the realm of intellectual property, and made an analysis and appraisal on how to control the misuse. Finally, based on the experiences of America, EU and Japan, the last chapter put forward the proper advices on how to consummate the antimonopoly legislation in the realm of intellectual, property, on how to execute the law, and discussed how to establish the detailed regulation system in antimonopoly of intellectual property from the respects of function mechanism, system of criterion, control mode, etc.