| Since the end of the20th century, with the arrival of the era of knowledge economy, intellectualproperties have been a great driving force to promote social progress and development because science andtechnology have been taken as the lifeblood of corporate survival and development, thus intellectualproperty rights have been manipulated as a powerful weapon for gaining access to victory. Intellectualproperty protection is attached a great importance and the entrepreneurs are also playing the "intellectualproperty strategy. As Alvin Toffler, famous American futurist, had predicted:"the power of knowledge isgoing to replace the power of wealth to become the power to dominate the world." However, motivation ofpursuit of profits can easily lead to abuse of the right. The corners improper use their intellectual propertyby virtue of their intellectual property rights which lead to series of new issues, such as malicious idle,setting technical barriers, numbers of questionable patents, acquisitions for intellectual property monopolyand so forth. Intellectual property became has become the tools and means, and even the main competitiveweapons used for competition between the operators thus distorted the original intention of the intellectualproperty protection system, violated the goals and purpose of the antitrust laws, undermined fair marketcompetition order, and also harmed the interests of society as a whole. Whereas the necessity of regulatingthe abuse of intellectual property has become a common requirement, the questions that can it be regulatedby the antitrust laws, how to regulate and the legal basis of the antitrust laws’ regulation on the abuse ofintellectual property have been posed. This paper aims to solve these problems, and explain in depth themeaning and the types of intellectual property abuse from both theoretical and practical so that to prove thenecessity and urgency of the anti-monopoly law regulations on the abuse of intellectual property bycombining with the legislative experience of other countries and regions, and offer some suggestions andcountermeasures on the implementation and improvement of China’s relevant laws in this field, in the hopethat promoting the advancement of social and economic development by controlling on the abuse ofintellectual property rights and maintain competition.From the main content of the study, this paper is divided into five parts:The first part is to analyze and define the intellectual property rights abuse under the anti-trust perspective. Firstly, the article makes a general overview on the connotation and nature of intellectualproperty rights, Conducting deep analysis on the complex relationship, namely both conflict andcoordination, between intellectual property and antitrust laws; and then come out of the intellectualproperty abuse, abuse of intellectual property rights in anti-trust perspective the meaning of species andtheir socio-economic expand the analysis illustrates the hazards and the status quo, to illustrate theuniversality of intellectual property abuse problems and the strong demand of its regulation, provides atheoretical basis for a correct understanding and evaluation of anti-monopoly law to regulate the abuse ofintellectual property.The second part is the rational analysis of the Antitrust Regulation of intellectual property abuse. Thissection first describes the intellectual property rights abuse of the legal basis of anti-trust regulation,respectively, from the value of the unifying principle, the power shall not abuse the principle and theprinciple of balance of interests Antitrust Regulation of intellectual property abuse in line with legalrequirements is necessary and feasible in the legal; followed by the need for analysis of the AntitrustRegulation of intellectual property abuse, examples of three well-known case, the use of empirical analysisfrom maintaining competition, protecting consumers’ interests and three aspects make up for the loopholesin the law illustrates the necessity and urgency of Antitrust Regulation of intellectual property abuse; Onceagain, the feasibility analysis of the Antitrust Regulation of intellectual property abuse, mainly from thetype of abuse of intellectual property rights and its hazards in line with the object of anti-monopoly lawregulation, the consistency of intellectual property and antitrust law is applicable anti-trust law nature of theopportunity and anti-monopoly law is easier to solve the intellectual property rights abuse in three aspects,indicating that the use of anti-monopoly law regulation of intellectual property abuse is a viable option.The third part discusses the major national and regional anti-trust regulation of intellectual propertyabuse. Respectively, cited the U.S., EU, Japan and Taiwan region in the field of legal regulation situation,in terms of legislative, judicial and law enforcement practice, such as inspection and evaluation, acomparative analysis approach, combined with the use of inductive reasoning of the logical methodsummary the relevant countries and regions, Antitrust Regulation and the Implications for China ofintellectual property abuse.The fourth section describes the circumstances and Suggestions for Improvement of China’s relevant laws regulation of the abuse of intellectual property.Sort out and analyze the part of the first the status ofthe legal regulation of intellectual property rights abuse in China, respectively, from the AML issued beforethe relevant laws and regulations and China’s "anti-monopoly law,"55interpretation between the twoaspects of our country in to grasp the status of relevant legislation in the field, and then based on thesummary contrast, summed up the various problems in the process of legal regulation of abuse ofintellectual property; Finally, analyze and summarize the entire article from the macro domestic andinternational situation analysis of the contrast on the basis of borrowing, and improve China’s"anti-monopoly law regulation abuse of intellectual property advice and the specific situation of China. |
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