Competition Law On Intellectual Property Protection And Restriction

Intellectual property is private right and important part of civil rights. In the rule of law process in training citizen society and strengthen right awareness, the research and protection of intellectual property becomes especially important. At the same time, innovation is an inexhaustible motive force for the progress of a nation; the intellectual property regulation of encouraging and protecting innovation plays a global and strategic role in the knowledge economy wave, takes the commanding height for technology innovation and science&technology development. However, while we emphasize strengthening the protection of intellectual property, it occurs more and more abuse of intellectual property in practice, the obligee exercises an improper intellectual property right has brought much negative impact on innovation and competition. The protection and restriction of intellectual property is two balanced methods in protecting the healthy and orderly development of intellectual property system, balancing of interests, coordinating of various conflicts. This problem has especially signification in present China. On one hand, our intellectual property awareness is weak and insufficient protection of innovation. On the other hand, many foreign enterprise abuses their intellectual property to exploit our technology, which causes great limitation to the development of our high-tech industry, China consumers can not gain the same return compared to the huge expenditure, puts our national industry into disadvantage position in the industry division. Thus, it is necessary to research the Competition Act on intellectual property protection and restriction.The research of Competition Law on intellectual property protection and restriction is insufficient, most scholars discuss respectively from two aspects:Law Against Unfair Competition on protection of intellectual property and Anti-monopoly Law on restriction of intellectual property; Actually the two aspects are closely related to each other, cannot be analyzed separately. Besides, the protection and restriction of intellectual property is two points of one question, all right in within certain range. The author believes the Competition Law and Intellectual property Law is two important supporting law in market economy. Due to different fearures, character, value goal and endogenous factors, the two Law departments has conflicts. However, under the same interests principal, the essential consistency of competition and innovation value determines the relationship between Competition Law and Intellectual property Law is intercoordination, interaction and mutual complementation. Two branch of Competition Law------Law Against Unfair Competition and Anti-monopoly Law------the system includes protect competition, protect competitors, maintain the market order and supply the law target and function for market competition and innovation, increase the customers’welfare, supply another way for protection and restriction of intellectual property out of system. The full protection and proper restriction on intellectual property is better for mature and healthy development. The two law system with different property forms resultant force of Law system, promote competition, inspire innovation and increase the customers’benefits together.This article attempts to discuss Competition law on the intellectual property system protection and restriction with Competition Law’s branch:Law Against Unfair Competition and Anti-monopoly Law, the Law Against Unfair Competition is mainly for protection, the Anti-monopoly Law is mainly for restriction. At the same time, the author hopes to suggest some advice on how to apply Law Against Unfair Competition and Anti-monopoly Law to intellectual property.