Antitrust Enforcement Of Intellectual Property Rights In China

Under the background of the modern era of rapid economic development, Chinese economy also keep up with the development of world economy. But as America, Japan and other electronic communications industry by leaps and bounds, the development of our country in the world communication technology, electronic products on the market is still in a very passive position, whether domestic or foreign intellectual property field there are varying degrees of monopoly. Antitrust enforcement of intellectual property is the most critical part is to find the balance between the protection of intellectual property and antitrust, protect the legitimate competition and maintain the innovation. In 2009, the state administration for industry and commerce adopt the method of research drew up the field of intellectual property rights of antitrust enforcement guide, to have already passed in February 2014, the fifth draft changes. State administration for industry and commerce again in April 4,2016, released on the abuse of intellectual property rights of antitrust enforcement guidelines (the state administration for industry and commerce on the seventh draft) \"draft. In this paper, based on the intellectual property law is revised guidelines for the study of the basis points, find new breakthrough for antitrust enforcement of intellectual property rights. In promoting the national intellectual property strategy and innovation drive big background, the strict protection of intellectual property rights has become a big trend of The Times, but how to coordinate the relationship between the protection of intellectual property rights and social security, unavoidable problem has become the market regulation law, antitrust law enforcement of intellectual property rights research is very important. Antitrust enforcement of intellectual property rights in China at present stage of the existing research is about the anti-monopoly enforcement of intellectual property rights theory research, the concrete practice of research, reflected in the anti-monopoly law enforcement of intellectual property application system design of blank. This paper mainly study on intellectual property antitrust program design, to ipr enforcement is mandatory enforcement or mild law enforcement standard, could be divided into mandatory antitrust enforcement of intellectual property law enforcement and the mandatory enforcement, blend in antitrust enforcement consultation antitrust enforcement of intellectual property rights, in order to better achieve the purpose of antitrust enforcement of intellectual property rights.