Study On The Intellectual Property Rights Of Exemption System Of Antimonopolv Law

The relationship of intellectual property and antimonopoly law is a hotissue in the theoretical study. In2008, China′s antimonopoly law was promulgatedand implemented, and regulates the problems related to intellectual property. But thedifferent understanding of this clause brings a major argument.The rule of law, law, privilege and exemption proves that the essential ofexemption is statutory. This determines that the article adopts the method of statutorydoctrine. Based on the method of statutory doctrine, outlining the framework of theexemption system in antimonopoly law: the existence of intellectual property rights issure, and belongs to the type of exemption for the public authority, which exemptsfrom the power application of law, rather than the operators′responsibility.Antimonopoly practice should based on the conditions to the exemption, the statutoryconditions is:“Accordance with therelevant intellcetual property laws andadministrative regulations to exercise intellectual property rights”, standards for thiscondition is:”abusing intellectual properory rights”, standards for abusing intellectualproperty is “eliminate or restrict competition”.While eliminating or restrictingcompetition depends on the specific indicators and methods. Whose embodide in theguidelines for the application of the antimonopoly law of intellectual property rights.Overviewing the antimonopoly of the United States, Europe, and Japan, all havepromulgated the relevant guidelines. Therefore, it is necessry and important toformulate China′s antimonopoly guidelines for applying of intellectual property rightsbased on the framework of statutory exemption.