A Study On Anti-trust Regulations Against Abuse Of Intellectual Property Rights Of EU

How to seek a balance between the protection of intellectual property rights and competition has been a difficult problem for all the countries in the world.In order to improve the Chinese Antitrust regulation of intellectual property abuse,and regulate the intellectual property rights abuse of the large multinational companies effectively,the author wants to research the abuse of intellectual property rights in the EU antitrust regulation legislation through the way of analysis and comparison,especially 2014TTBER,and then reveals its enlightenment to the Chinese legislation combined with the actual situation in China.The author wants to make some suggestions to improve the Chinese Antitrust regulation of intellectual property abuse.Based on the above ideas,this paper is divided into four chapters.The first chapter is about the basic theory and the legislation of the European Union in the field of antitrust regulation of intellectual property abuse.Firstly,it introduces the background of the abuse of intellectual property rights,and then demonstrates the relationship between intellectual property law and anti-monopoly law.Then,the author introduces the current legislation of the European Union competition law in the regulation of intellectual property monopoly,and briefly expounds the existing system of the European Union Competition law in the field of intellectual property rights.In the second chapter,the author discusses the 2014TTBER's anti-monopoly regulation on the abuse of intellectual property rights.This chapter is divided into three parts,the first part introduces the legislative development of TTBER;the second part focuses on the 2014TTBER's antitrust regulation of restrictive clauses,it includes core restrictions and excluded restrictions;the third part of this chapter is the analysis of the 2014TTBER,the author introduces its advantages from different aspects,at the same time,points out some problems existing in the application of this regulation.The third chapter is the trend analysis of the block exemption application with the restrictive clauses in the technology transfer agreement.The first part is the comparison between the 2014TTBER and the 2004TTBER in changes of terms.In the second part,through the comparative analysis these two regulations,we can know that the trend of the exemption application with the restrictive clauses is getting stricter,and the EU Commission has adjusted the scope of the block exemption.In the fourth chapter,the author expounds the enlightenment of EU anti-monopoly law on the abuse of intellectual property rights.The author makes some constructive suggestions,such as determine the basic position of Chinese antitrust legal system of intellectual property rights abuse,distinguish the core restrictions and excluded restrictions,expand the scope of restrictive clauses,introduce the regulation on reconciliation agreement and so on.The author hopes that these suggestions can play a role in improving Chinese antitrust legal system of intellectual property rights abuse.