Study On Antimonopoly Exemption Issue In The Region Of Intellectual Property Right

As a legal monopoly, intellectual property rights has an important role in market competition, and has a complicated relationship with the antimonopoly laws, therefore the antimonopoly immunity system of intellectual property rights as a cross-field has an important meaning. The system developed much earlier in the U.S.A. and E.U., and there are relevant regulations in the international antimonopoly law, then a comparative study can conduce to a better understanding of the problems, and it helps to perfect our system.Because of the particularity of the intellectual property rights, and the common interests of social fairness and efficiency, the antimonopoly law regards intellectual property rights as an exemption. However, due to the inherent conflicts, antimonopoly law limited the exemption to prevent anti-competitive effects which could be caused by the abuse of intellectual property rights, here comes the problem of intellectual property antimonopoly exemption. To solve this problem, the international antimonopoly law and the domestic antimonopoly law of many countries and regions made many efforts.Return to our country, article55of the antimonopoly law which is published in2008provided a credible way for dealing with the problem, but this provision is principled. In the future, our intellectual property rights antimonopoly exemption system should be perfected by enriching the contents of article55. We should know that our country is a developing country,so we should continue to strengthen the protection of intellectual property rights and at the same time, the develop article55by all means. And we also need to make sure that our domestic antimonopoly law is in consistent with the international antimonopoly rules.