| Developing as an intangible property right, intellectual property is a type of the civil right, which originates from feudal privilege with a characteristic of the public power from a historical perspective. According to the application of the intellectual property in the market-oriented economy, new legal problems about the intellectual property system are generated by the developmental need of “share value” of the intellectual property.Primarily, it is elaborated that monopolization is not the normative index of the intellectual property as a civil right in the means of defining the conception of “right”and “monopoly” in the use of the intellectual property. Furthermore, it is pointed out that the value of the intellectual property system is not the paradox that monopolization promotes creation but the development is improved by achieving the balance between the right and the market, based on the result of analyzing the relationship between the value of the intellectual property and the market. What is more, compared with other typical countries’ intellectual property law and anti-monopoly law, including its concept, features, and character, the legal logic relationship of the regulation about the intellectual property law can be understood.Finally, some conclusions are proposed in all kinds of the juridical method at the end of the essay.Monopolization is not a character or feature of the intellectual property as a civil right. In addition, intellectual property is an exclusive prohibition right, because constructive seisin is the inherent character of the intellectual property. Realizing the value of intellectual property not only rely on the meticulous management of the legal system, but also account on the survival of the fittest system in the market competition. Anti-monopoly of the intellectual property is the result of some illegal and unreasonable issues exist in the process of applying the intellectual property law to the market competition. Besides, the misuse of intellectual property should be dealt with by reviewing the management of the intellectual property law system. |
