| In the background of WTO,knowledge economy and globalization,the intellectual property gains more and more important position in national economy and social development.In china,along with the issue of antimonopoly law,the complex relation between the intellectual property and antimonopoly law gains more and more attention from law circle,in the face of the severely monopolistic action from the multinational company,both the company and the people in our courtry encounter adverse phase because of the lack of the legal system confining the abuse of the right of intellectual property,Because of that,enforcing the research of the antimonopoly in intellectual property takes on important meaning no only in theory but in practice.This thesis contains five parts:the first part is about the antimonopoly case of Microsoft in European Alliance,and put forward the antimonopoly problem in the abuse of intellctual property and the necessary harmony between the intellectual property and the antimonopoly;The second part discusses the relation between the intelletual property and the antimonopoly law,and parse the complex relation which have coflict points and consistent points,and parses and groups the main action of the abuse of the intelletual property ruled by the antimonopoly law;the third part introduces the experience of the antimonopoly legal system about the abuse of the intellectual property in USA,Japan,European Alliance and Taiwan province which provide the precious reference for the discuss of the antimonopoly lawmaking mode in the folllowing part;the fourth part parsing the present situation of the antimonopoly regulation in intellectual property field as begin,and point out the desirable need to establish the antimonopoly legal system in china,evaluate the just passed the antimonopoly law,especially explain the application of the article of 55,finally,put forward the own opinin of the legal suggestion in the antimonopoly legal mode for ruling the abuse of the intelletual property. |
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