Research On Anti-monopoly's Exemption Of Intellectual Property Rights System

As a kind of legal monopoly right, intellectual property is the society in order to promote science and technology and social cultural progress and make an important legal system, the law without the permission of the rights of others may not exercise rights system. Intellectual property although according to monopoly, but when the exercise of intellectual property rights beyond the reasonable range will be on free, fair and competitive environment to produce negative effect, when the exercise of intellectual property rights of fair competition adversely impact will be regulated by anti-monopoly law, in order to promote the development of science and culture, the law gives the intellectual property rights of a certain monopoly and antitrust law, and limit the abuse of intellectual property rights, antitrust law and intellectual property rights game equilibrium point is the anti-monopoly law of intellectual property is suitable the exception system boundary.On the anti-monopoly law and intellectual property system between the two, the existence of interest balance problem, namely how to balance the two focusing on protection of the interests of both sides, which can maximize the realization of the protection of the interests of. The balance of this two kinds of interest relationship needs to be clear how the exercise of intellectual property rights, how to make use of antitrust law to regulate the abuse of intellectual property right. On one hand, to fully protect the intellectual property rights of the interests, so as not to blow the science and technology and cultural innovation enthusiasm, encourage more product knowledge and intellectual achievements; on the other hand, should make clear the antitrust law as the exception of intellectual property rights on the right boundary, beyond the boundary of abusive behavior by anti monopoly law regulation, avoid intellectual property known to impede fair competition and economic development barriers. Therefore, on the basis of reasonable principle, take effective measures, to coordinate anti-monopoly law and intellectual property relationship is necessary, which can ensure that the legal system of our country 's internal unity and harmony. Perhaps for many intellectual property to delineate a clear right boundary is not easy, but, at least we should use clear legal norm to determine a division two boundary can be guided by the principle of. Anti monopoly law on intellectual property restrictions, performance between the two has a balance between, on one hand, anti-monopoly law exists not to intellectual property monopoly power denial and rejection, on the other hand, beyond the boundary of intellectual property should abuse, antitrust law should be on the regulation.The analysis of legal principle theory of law foundation -- Research of Chinese and foreign literature--Analysis of the status quo-put forward countermeasure sex to suggest ideas are discussed, the key part of the article is to the anti-monopoly exemption system of intellectual property rights of legal basis, foreign legislation and the legislative situation of in-depth, detailed, systematic study, based on the analysis of these issues and also, in order to find the current intellectual property antitrust exemption system problems, based on the related problems to grasp and study, and then put forward their views and rationalization proposals, the hope of our country antitrust in the intellectual property system of exemption legislation somewhat enlightenment and draw lessons from, in order to continue to perfect our anti monopoly of intellectual property is suitable the exception system of relevant laws and regulations, for the practice to provide scientific and reasonable system support and legal basis.The article is divided into three parts to carry on the discussion, the first part of the article is mainly on the anti-monopoly law and basic theory are summarized, in this part first elaborated the basic value of anti-monopoly law, then introduces the intellectual property system is the basic value, the contrast between the two conflict and coordination. The second part of the article is mainly the United States, Japan and the European Union needle and related legal system to conduct in-depth discussions, through comparing the further discovery of anti-monopoly of China intellectual property is suitable the exception system deficiencies, which combined with the actual situation of our country, put forward some of their own views and opinions, in order to perfect our anti monopoly intellectual property is suitable the exception system has the certain model significance and reference value. The focus of this article and the innovation points:one is on antitrust law and intellectual property system in pursuit of their value has carried on the thorough analysis, and strive to seek two between coordination; two against patents, copyrights and trademarks such as different types of intellectual property are proposed according to the perfect proposal.