Legal Regulation Of IPR Abuse By Multinationals

Independent intellectual property right is an efficient instrument for a company to survive in fierce market competition in this era because of the object intangibility and exclusivity of the intellectual property. Those large multinational companies from developed countries that mastered the core technology of intellectual property rights are prone to abuse their rights to safeguard their own interests, exclude potential competitors and enhance comprehensive national strength. As a developing country, China has to encourage innovation and technology development to help the national enterprises survive in market competition and enhance comprehensive national strength. Over the long term, Chinese national enterprises have suffered huge losses due to the lack of proprietary intellectual property rights. Developed countries tend to emphasize the protection of the intellectual property rights, and ignore the restrictions of it. Hence, it urges us to set limitations on the abuse of intellectual property rights. Otherwise, more severe problems will occur, for example, technology development will slow down and as a result, comprehensive national strength will be hard to improve and China will be in an inferior position in the international competition. To solve the problem, as a WTO member, we are supposed to regulate the abuse of intellectual property rights according to TRIPS by taking full advantage of the rights within the limitation.From perspective of the regulation of anti-monopoly of the abuse of intellectual property rights based on the symptoms and the causations, this article refers to the TRIPS and the current situation and deficiency of Chinese Intellectual Property Law. The first part generally introduced the current situation of the abuse of intellectual property rights. The second part analyzed the regulation of the abuse of intellectual property rights in different countries and found the symptoms and the causations of the phenomenon in some typical cases. The third part described the regulation of TRIPS, including its legislative environment, features, definition of abuse of intellectual property rights and so on. The last part provided my suggestions on our legislations accordingly.