Research On Legal Regulation Of Intellectual Property Rights Abuse

In recent years, acts of intellectual property rights abuse of multinational companies and domestic large companies in China are terrible and their forms of appearing are various and complicated,attracting more and more people’s attention. In order to solve this problem, the Development and Reform Commission issued a number of huge fines to punish these companies which abuse intellectual property rights. Also the state council issued 《The Abuse of Intellectual Property Antitrust Guidelines》(draft) at the end of the year of 2015 to guide the law enforcement agencies to make full use of 《The Anti-monopoly Law》to regulate the abuse of intellectual property rights, and therefore to promote competition and maintain the stability of economy of our country.The intellectual property rights system to protect the holder’s innovation by giving the“exclusive rights”, and then to promote innovation and technology progress, to increase social welfare. As "proprietary" characteristics of intellectual property rights, together with the interests of the trend, the intellectual property is vulnerable to be abuse, which hinders the spread of knowledge and technology, causes constant international disputes and eventually harm social well-being.Therefore, all countries in the world to regulate the acts of abusing the intellectual property to maintain balance between intellectual property holders’ interests and social public interests. Therefore, our country intends to prevent the abuse of intellectual property while protecting intellectual property rights at the same time.This paper, based on the general theory of intellectual property rights, breakthroughs single perspective of anti-monopoly law and draws lessons from the advanced legislation and practice experience of the United States, the European Union and Japan, follows the international practice and under the spirit of the《TRIPs agreement》, combining with the new situation of abuse of intellectual property rights in China, put forward to building and developing the regulation of the abuse of intellectual property legal advice.This article mainly includes five chapters: the first chapter is about the introduction. This chapter discusses the research background and significance, research situation both in our country and abroad, research ideas and methods of this paper. The second chapter is about the overview of the abuse of intellectual property rights. This chapter discusses the definition of abuse of intellectual property rights, compares intellectual property rights abuse with its related concepts and analyzes its form. The third chapter is about the causes of the abuse of intellectual property, and its harm and necessity of regulation. This chapter analyzes thereasons and harm of the abuse of intellectual property rights, and then discusses the necessity of regulation. The fourth chapter is about the legal regulation of abuse of intellectual property rights of the abroad. This chapter comparatively analyzes legislation regulations of the United States, Japan, the European Union and the 《 TRIPs agreement 》 and other relevant international treaties on the intellectual property rights abuse, which providing the reference for our country to build and perfect the system. The fifth chapter, which is about the present situation of the regulation of the law system of the abuse of intellectual property rights in China and its way to improvement. This chapter analyzes firstly the status regulation of law on the abuse of intellectual property rights, and points out that the lack of legislation of our country. The sixth chapter, thinking of the legal regulating abuse of intellectual property rights in China. The chapter on analyzing the current situation of the legal regulating abuse of intellectual property rights in China, combined with actual situation in our country and then draws lessons from foreign experience in legislation and practice and put forward the perfect proposal according to the lack of legislation in our country.