On The Protection And Regulation Of The Intellectual Property Rights By The Competition Law

At present, worldwide, of the growing importance of intellectual property, especially in the fierce international competition enterprise’s intellectual property rights is particularly important. So, how can you put the value of intellectual property to the optimum, is must be considered in the national economic development and the research questions. Just rely on the implementation of intellectual property law and the intellectual property of execution is not better, or to realize the value of intellectual property. But this needs in the market environment and other legal coordination fusion, this kind of competition law as public law laws and intellectual property law the relationship between the very closely, is vital for the realization of the value of intellectual property, as "the magna carta of the economic law and intellectual property rights have conflicts and consistent.Intellectual property rights as a kind of private right, exclusiveness is its most prominent feature. It is conferred by the law of intellectual property rights of legal monopoly bring direct or indirect benefits for intellectual property, at the same time to mobilize the initiative for inventions, starting from the individual to protect the personal interests of intellectual property, from countries contribute to technological progress and economic development. The main goal of the competition law designed to create a fair and orderly market environment, competition law is the state formulates law to exclude all kinds of limiting competition behavior. Conflict arises as a result, competition law and intellectual property, this conflict is determined by the nature of both is congenital. Starting from the goal of competition law, due to the protection of intellectual property rights are rights as the core, intellectual property law is given by the exclusive monopoly will also become the object of regulation, competition law, for example, in reality the most common is the abuse of intellectual property. However, the conflict between intellectual property law and competition law are not irreconcilable, is can coordinate the relationship between them. Intellectual property monopoly restricts competition in some aspects, but this restriction can motivate people in vibrant competition in knowledge economy. This shows that the ultimate goal of intellectual property law and competition law is consistent, is to promote competition, starting from this point can seek to balance the interests of both, make blending both to the best state, thus to fully exert the value of intellectual property.Article is to coordinate the relationship between competition law and intellectual property rights as the center of gravity, in competition how to better protect and regulation of intellectual property rights as the main line to study, to the effectiveness of intellectual property rights can be better, better promote the progress of science and technology, the country’s economic development. In the process of thesis writing mainly adopts case analysis, induction, create with historical analysis method, the innovation of the thesis mainly focus on perfecting China’s competition law legislation.Article mainly divides into three parts to write, the first part mainly introduces the relative concepts of intellectual property rights, competition law, and the relationship between competition law and intellectual property, and emphasizes the importance of the relationship between them and coordination; The second part is for the eu in terms of competition law of intellectual property rights protection and regulation has made the detailed research, especially in the European Union in this aspect to do advanced prominent place, for our country to draw lessons from study groundwork; Last part is the present situation of the competition law of China, China’s legislation practice of competition law for intellectual property rights and so on present situation and existing problems, analyze and summarize, it is concluded that to learn from the eu experience from the theory and practice, draw lessons from to absorb. According to the concrete national conditions of China at the same time try to innovation, in order to improve China’s competition law, better protection and regulation of intellectual property, make intellectual property rights in China in the international competition.