Legal Research On Antitrust Issues About Abuse Of Intellectual Property Rights

With the booming economy of the IT industry, on the one hand, the intellectualproperty system promotes technological innovation and develops the domesticeconomy. On the other hand, IT multinational companies make use of the intellectualproperty rights as a weapon to restrict competition, monopolize the market andsuppress relevant domestic enterprises. Original, intellectual property is a legalmonopoly. But, in driven by benefit, the monopoly problem caused by the wantonabuse of intellectual property rights holders is growing. Therefore, the antitrust issuesof intellectual property are also increasingly attracted worldwide attention. Ourcountry on this issue, the degree of attention, the status quo and development of thelegal regulation, however, are not satisfactory.In order to adapt to the global economic integration, and resistance to foreignhegemonic aggression of the intellectual property rights, this paper makes IT industryas the research background, uses some different research methods，like for examples,comparative analysis, historical analysis and so on. From the beginning of classicantitrust case of intellectual property in IT industry, the author analyzed thedetermining standard of the abuse of intellectual property rights, elaborated thespecific manifestations of it, then had a in-depth study of the domestic andinternational intellectual property antitrust system. Based on the legislative andpractical experience of antitrust issues in Europe, the United States, Japan and otherdeveloped countries in the field of intellectual property, at last, the author gave somerecommendations and specific ideas of formulating our Operations Guide which is inline with our status quo and about antitrust regulation of the abuse of intellectualproperty rights. First of all, the guide should be fully elaborated the complexrelationship between intellectual property and antimonopoly, as well as the basicprinciples and policies to follow when dealing with such problems. Secondly, theguide should be clearly defined boundaries between legal and illegal about different kinds of behavior which abuses intellectual property rights and restricts competition.Third, this guide should require the antitrust review procedures to ensure fairness andtransparency of the program. Guide Finally, it should be clear that the sanctions whenintellectual property rights holders abuse rights to violate antimonopoly laws.The author’s ideas and proposals of this intellectual property abuse of antitrustregulation Operations Guide, aims to find a balance between stimulating innovationand protecting competition from the conflict of intellectual property andantimonopoly laws. The author hopes the method of dealing with this kind problemcould be specific and standardized, in order to eventually be able to build a perfectantitrust law system in the field of intellectual property in our country.