Study Of The Antimonopoly Law Regulation Toward The Abuse Behaviors Of The Intellectual Property

Since the 21 st century,with the rapid development of information technology and the constant emergence of all kinds of big data,the importance of knowledge has been highlighted.We have known clearly the importance of the development of science and technology to a country and society.Therefore,the state has issued various policies to encourage and support the development of science and technology,which can be seen from the continuous development and improvement of China's intellectual property law.A series of laws,such as the copyright law,the trademark law and the patent law,have been formulated to protect the rights of intellectual property owners.Their appearance also stimulates people's enthusiasm for innovation.Innovation brings entrepreneurship and entrepreneurship brings wealth.The arrival of wealth further encourages people to innovate and provides a continuous power for social development.However,everything has two sides.Intellectual property rights bring a lot of wealth,which induces some people to take advantage of loopholes in the law and overstep the boundaries of the law.It not only harms the interests of other market entities,but also undermines the normal order of the market and hinders fair competition.This paper aims to analyze the prevention and correction of the abuse of intellectual property through the anti-monopoly law,draw lessons from the practices of foreign advanced countries,and finally,based on the domestic situation,formulate the relevant anti-monopoly law to regulate the abuse of intellectual property in line with the national conditions.The first part mainly analyzes the internal relations between the abuse of intellectual property and the anti-monopoly law.Only by understanding the relationship between the abuse of the former and the latter can we clarify the necessity and rationality of the latter to regulate the former.First of all,don't have a complete intellectual property law in our country,mainly through the special laws and regulations to protect intellectual property rights,second also have no a complete antitrust laws governing the abuse of intellectual property rights,but by some in the industry the impact of major cases,we have realized for the perfection of the laws formulated have reached the point where they cannot be delaybetween.The second part is the practical analysis of using anti-monopoly law to regulate the abuse of intellectual property.This part firstly analyzes the existing legislation and judicial aspects of our country,and finds out the main deficiencies of our country's anti-monopoly law,and analyzes the problems in legislation of tie-in sale,refusal of permission,predatory pricing and other specific practices.The third part describes the international developed countries and regions on the abuse of intellectual property rights in the regulation of the relevant practices in the anti-monopoly law.Based on the three specific cases of the United States,the European Union and Japan,this paper analyzes the means of regulating the abuse of intellectual property,summarizes the common problems among them,and finds out the aspects worthy of our reference.The fourth part is the suggestion to perfect the regulation of intellectual property abuse by anti-monopoly law.In view of the second part of our country at present stage of the anti-monopoly law in the legislation,the judicial deficiencies,by drawing on foreign advanced practices,put forward the corresponding countermeasures.Decades and even centuries of practical experience show that competition expands the sovereignty of consumers,provides manufacturers and enterprises with a wide range of flexibility and freedom,and in the long run,with the development of the national economy,competition also provides the greatest welfare to the society.Whether a person,a consumer or an enterprise can have the maximum possible development space and the maximum freedom is of vital importance to the social and economic development of a country.And competition secures freedom without depriving others of it.When intellectual property is abused to the extent that it destroys competition,we need to think more about how to use law to return it to the right track and make intellectual property play its role in encouraging innovation and fair competition.