About Anti-trust Law Exemption System’s Application In The Field Of Intellectual Property Right In China

As the “economic constitution”, Anti-trust law plays the role of regulating the behavior of market economy subjects and maintaining the competition order. Its’ exemption system is the result of balancing interests. The abuse of intellectual property right should be regulated by intellectual property law firstly. Only when the desired effect can’t be achieved, we need the intervention of anti-trust law, which regulates the behavior through the way of government intervention. To realize the basic goal of keep good competition order, on one hand, anti-trust law put intellectual property right within the scope of its’ exemption system; on the other hand, it treats regulating the abuse of intellectual property right as an important part and sets concerning provisions.Because of the similar value pursuit between the intellectual property law and anti-trust law, the legal system, whose core is anti-trust law, will benefit a lot from the study of this topic. Besides, our enterprises will have complete legal backing in international trade completion with multinational enterprises and safeguard their rights and interests.Based on the theory of intellectual property rights and antitrust law, drawing lessons from western countries anti-trust law and combining the reality of our country,this essay puts forward some suggestions to improve the application of the anti-trust exemption system in the field of intellectual property. Specific specking, the essay includes five chapters. The first chapter uses the relating cases to analyze the problems concerning the application the anti-trust exemption system in field of intellectual property; the second chapter analyzes the theoretical value and rationality of anti-trust exemption system; the third chapter compares and inspires the anti-trust legislation concerning the abuse of intellectual property of developed countries or regions; the fourth chapter examines the current rules of our country in the field of intellectualproperty; the last chapter puts forward some suggestions to improve the application of the anti-trust exemption system in the field of intellectual property.