Study On Antimonopoly Regulations Of Patent Right Abuse Under TRIPS Agreement

Intellectual property, patent right in particular, as an important intangible asset, has become the core factor during competition among enterprises and nations around. While China has improved their intellectual property protection considering the high-standard TRIPS agreement, it still fell far behind in the field of anti-monopoly on intellectual property. Given this domestic situation, transnational corporations took advantage of patent they owned to monopolize and exploit. Building and improving a comprehensive anti-monopoly system on intellectual property supervision become the priority which can prevent monopoly and exploitation in a way or another. The author tries to find out what rules and regulations China should make in order to ensure rights of domestic enterprises, science innovation and competitiveness.To begin with, the author analyzes the characterization of patent right under knowledge-based economy. An elaboration is given to clarify the significance of intellectual property protection, the potential developments of patent right protection. Furthermore the analysis of current situation in protection of China’s patent right is presented.As for the empirical analysis, the paper exemplifies some of the monopoly on intellectual property China has encountered in the international market. As for the comparative analysis, taking their social and economic environment into account, the author briefs other nation’s evolution of anti-monopoly on intellectual property so that China can learn from their development.An overview of the influences of TRIPS agreement over China’s intellectual property and anti-monopoly on intellectual property is listed. The positive and negative influences of TRIPS agreement over China are presented when it comes to the accordance China’s patent right makes with TRIPS agreement, how TRIPS agreement affects intellectual property monopoly internationally, competition restrictions and anti-monopoly in TRIPS agreement.Considering the complex international economy China can not copy any other nation’s rules and regulations. The author gives a detailed description of the current situation of China’s anti-monopoly on intellectual property as to find out which direction China should take in anti-monopoly on intellectual property. Finally a conclusion is drawn as for suggestions how China should make strategies concerning anti-monopoly on intellectual property.