Research On Antitrust Legal Regulation Of Abusing Intellectual Property Rights

Intellectual property rights in the national economic and social development in thecontext of the era of knowledge economy, is becoming more and more prominent. In ourcountry, with the promulgation of the AML, from the complex relationship betweenintellectual property and antitrust laws, to Antitrust Regulation of abusing intellectualproperty rights is not only intellectual property law experts concerned, it is the anti-monopolylaw academics study an important issues. Especially in recent years, with China’s accession tothe WTO, multinational companies have entered China, intellectual property monopoly onChina’s behavior intensified. Unfortunately, the legislation in the field of our country tooprinciple, fuzzy, law enforcement inefficient and judicial practice inexperience led Chinafrom the enterprise to the consumer are faced with a very unfavorable situation. Therefore, toenhance the study of antitrust issues in the field of intellectual property is an importantresearch topic.In addition to the introduction, this article is divided into five parts:Introduction to the360v. QQ case and the Apple v. Samsung case leads of the merits ofthe issues reflected in this study, an overview of the academic community of the abuse ofintellectual property antitrust Research, research content, research methods and innovations.The first part of the study is the question of the protection of intellectual property rightsand abuse. Leads from the definition of the concept of intellectual property rights and thenature of abusing of intellectual property rights, regulation and its existing laws, regulations, and then, propose the view of intellectual property rights abusing mainly relate to patentabusing.The second part of the study is intellectual property and antitrust related content. Analysis from three perspectives: the relationship between intellectual property law andantitrust laws; the relationship between the abuse of intellectual property rights and exclude,restrict the competition; the relationship between intellectual property rights and marketdominance.The third part of the study the implementation is the current situation of China’santi-monopoly law in the field of intellectual property. Firstly, combine with the basicframework of the "anti-monopoly law," the typical behavior of the abuse of intellectualproperty rights by China’s anti-monopoly law regulation can be divided into the abuse of a dominant market position, agreements restricting competition and merger behavior. typicalbehavior of abusing dominant market position include refusal to license, tying, pricediscrimination, typical behavior of agreements restricting competition include cross-licensingand joint venture agreement, the price limits of behavior. In addition, in recent years,intellectual property rights behavior of technical standards by the widespread concern of thetheory and practice of community. Secondly, describing situation and exist problems of legalregulation of the field of intellectual property in China from three aspects of the legislation,law enforcement, judicial.The forth part is research the study, learn about foreign theory and practical experienceof abusing antitrust law regulation of intellectual property. And then, our country could getsome revelation. The study is mainly draw the experience of America, EU, Japan.The fifth part is drawing the experience of America, EU, Japan, and combine with basicnational conditions of our country at the present stage, then put forward some suggestionsabout completing legal regulation of the field of intellectual property. This part is make upwith four small parts: the first is formulating law enforcement guide of Antitrust ofintellectual property; the second is formulate detail of liability; the third part is set up anindependent antitrust enforcement agencies; the forth part is set up an antitrust court.In the conclusion, the paper summarizes the Anti-monopoly law regulation status ofabusing intellectual property in our country, and expects to take multi-disciplinary researchmethod, makes a more comprehensive research.