Research On The Legal Regulation Of Intellectual Property Abuse From The Perspective Of Anti-monopoly Law

With the continuous development of knowledge economy,the economic competition is more and more complicated,the intellectual property rights become more and more important in the economic development of all countries,but caused by improper use of intellectual property rights monopoly are increasingly highlighted.Since the implementation of the anti-monopoly law,legal awareness of the use of legal weapons to safeguard their own interests,fair competition and consumers' rights and interests has become more and more popular.Especially the global economic development,the transnational corporations in China to conduct intellectual property monopoly more and more frequent.But unfortunately,our country about regulation of abuse of intellectual property legislation,law enforcement,judicial aspects is insufficient,the law is too principle,fuzzy,law enforcement system and mechanism efficiency low,lack of judicial practice experiences in our country in the aspect of intellectual property protection and regulation.Therefore,the research on the anti-monopoly law on the abuse of intellectual property is an important research topic.From the research content,this paper is divided into five parts:First chapter points in the perspective of anti-monopoly law of intellectual property rights abuse problem is analyzed and defined,first of all features of the intellectual property right and intellectual property rights abuse do a general overview,the intellectual property and antitrust law are both conflicts and to coordinate the complex relationship of the thorough analysis,in order to correctly understand the antitrust laws regulating the abuse of intellectual property rights to provide theoretical basis.The second chapter mainly elaborates the necessity analysis of antitrust law regulating the abuse of intellectual property rights,first summarizes the abuse of intellectual property antitrust issues,such as the right to damage the interests of society and others,hamper innovation and reduce the economic efficiency,etc.,and with the benefits of anti-monopoly regulation of intellectual property rights abuse problem,explains the use of anti-monopoly abuse of intellectual property rights of regulation is feasible.The third chapter mainly introduces the major form of abuse of intellectual property rights in China and in the field of intellectual property rights in our country anti-monopoly legislation present situation and the judicial present situation,pointed out our country anti-monopoly law problems of regulating abuse of intellectual property rights.The fourth chapter expounds the main developed countries and the area of intellectual property rights abuse regulation,law laws mainly lists the United States,the European Union and Japan in the field of legal regulation.This paper summarizes the implications of the anti-monopoly regulation on intellectual property abuse in relevant countries and regions.The fifth chapter introduces the regulations and Suggestions on the abuse of intellectual property in China.This part firstly carried out on the abuse of intellectual property rights in China and analyzes the present situation and problems of legal regulation,respectively from the anti-monopoly law promulgated before the relevant legal provisions and the analysis of ? anti-monopoly law ? article 55 interpretation in the relevant field in our country's legislation present situation,summarizes the abuse of intellectual property rights for all sorts of problems appeared in the process of legal regulation,finally from the macro to the specific situation in our country put forward some perfect our country?antimonopoly law?regulate the abuse of intellectual property rights Suggestions and countermeasures.