Intellectual Property Abuse And Legal Regulation

With the rapid development of economy and trade, technology trade is significant increasing in the trade and economic of china. On the one hand, Multinational Corporations frequently abuse of intellectual property rights, to monopolize the market, crowding out competitors. On the other hand, China's intellectual property legislation is still not perfect. It has become a major problem in Intellectual property protection that how to effectively prevent the abuse of intellectual property rights,and Maintain the legitimate interests in foreign trade.This article breakthrough the research model that simply use the anti-monopoly law regulate the abuse of intellectual property ,trying to build China's legal system that regulate the abuse of intellectual property rights, in order to deal with the abuse of intellectual property in the fields of economic and trade.This article mainly consists of the several Chapters: The first section, the General Category of intellectual property abuse. This section include definition and criterion of intellectual property abuse, expression and negative impact of intellectual property rights abuse. The second section, analysis of relevant domestic legislation that regulate intellectual property rights abuse. This section investigate and analysis the Law of United States and Japan, summarizes the legislative experiences. The third section, analysis of international legislations that regulate the intellectual property abuse. This part investigate and analyze the legislation of concerning internation organizations, summarize the general attitudes in the regulation of intellectual property abuse. The fourth section, Construction of China's legal system about regulate intellectual property abuse. This article analyze insufficient about china's current legislation,put forward intellectual property legislative proposals.Start from the actual of intellectual property development, follow the principles of international legislation on intellectual property, learn from laws of the major countries about the abuse of intellectual property, this article aims to make recommendations in the china's intellectual property legislation Construction. All attempts and efforts is to effectively safeguard our legitimate interests in the field of foreign trade.