Legal Research On Anti-Monopoly Of Intellectual Property Rights

Recent years the pressure of economic downturn has been rising in China, the extensive growth of economy that in the beginning of Reform and Opening-up is difficult to continue, such of mainstay industries as steel, coal, concrete are suffering from pressure. Adjusting industrial structure and changing the growth pattern have become the demand of the times and the common agreement in the social. The new industries as low-carbon, environmental protection, energy conservation and high-technology have become a bright spot. It is the best choice that transforming the economic growth pattern, depending on the technology innovation to increase our economy. Twenty-first century is a "Post Industrial Age" that dominated by knowledge and information. Under the condition of today’s market economy, the strong desire for knowledge is greater now than ever before, the position of intellectual property is becoming particularly prominent and important. Each country no longer only protect the domestic intellectual property rights, but improve it to a new level. Practice has showed that the over protection of intellectual property rights does not surpass a certain of range and instead it will disrupting the market order, excluding or restricting competition. Therefore, it is an important issues that strengthen the investigation for anti-monopoly intellectual property rights.This article is divided into four parts:The first part, through the relevant cases, to elicit the concept of monopoly of intellectual property, list many ways of monopoly, analysis the background and damage of monopoly of intellectual property.The second part, introducing the monopoly of intellectual property and legal provisions in china, abroad about monopoly of intellectual property, and the enlightenment to China.The third part, in view of these current situation and problems, pointing out the deficiencies and limitations of china’s existing laws and the measures that we should take.The fourth part, in view of the present situation of monopoly in the field of intellectual property, proposing the solutions by the enterprise and country.