Research On The Anti-monopoly Regulating On The Abuse Of Intellectual Property Right

Under the condition of today’s market economy, intellectualproperty is not just the legal means of enterprises to protect their legalinterests, but more of their strategic tool to seek market competitiveadvantage and grab market share. In order to seek the maximization ofself-interest, the obliges abuse their intellectual property rights tomonopolize the market on the pretext of protecting their own intellectualproperty rights. The phenomenon of illegally restricting competition andbreaking the fair and free competition order is more and more common.In order to ensure the normative exercise of intellectual propertyrights and help to play their active role of promoting innovation andimproving productivity, this thesis, with the relationship betweenanti-monopoly law and intellectual property law as the starting point,emphatically illustrates the conflictive consistency between the two laws,and then makes a rational analysis of the application of anti-monopolylaw to regulating the abuse of intellectual property rights from the twoaspects of necessity and feasibility. At last the thesis clarifies theimportance and irreplaceability of the anti-monopoly law to regulate theabuse of intellectual property rights. The author summarizes somemeasures taken by the developed countries to regulate the abuse ofintellectual property rights and points out the aspect that needs to beimproved regarding the regulation of intellectual property abuse, whichis illustrated mainly from three points, that is, the formulation ofassessment criteria for specific abusive conduct, the enactment ofrelated guidelines and legal interpretation, and the specification of anti-monopoly law enforcement agency.