Research On Legal Regulation Of Intellectual Property Rights Abuse

The prevention and abuse of intellectual property rights is an eternal proposition.China,which gradually perfects intellectual property protection through the world trade trade negotiations,is also faced with the abuse of rights caused by the emphasis on protection,such as the DVD charge events at the turn of the new century,the CISCO v.HUAWEI private agreement case in the United States,Germany first v.SONY lithium ion battery case,the HUAWEI v.IDC standard necessary patent charge case The Qualcomm monopoly case and so on,all highlight the abuse phenomenon in the intellectual property market in China.The main body of these cases often involves the dominant enterprises in the market,and the effect of cases is often very large,and the abuse of intellectual property rights is of great significance in practice.With the help of the anti-monopoly Guide(expert opinion of expert opinion)on the abuse of intellectual property,the subject of the anti-monopoly law of the State Council is used as an opportunity to study the problems and Countermeasures against the abuse of intellectual property rights in the antitrust law.The concept of abuse of intellectual property rights is probably beyond the scope of rights,resulting in cross-border public welfare damage.At present,in view of the summary of scattered cases since China’s entry into the WTO,such as high pass and ridge case,HUAWEI v.IDC case,Germany first v.SONY case and so on,it is found that MNCs often use their own technical advantages to abuse intellectual property rights of our national enterprises,especially with unquestioned terms and unfair high prices.The existing problems of legislation and law enforcement in our country are that the threshold of refusal to permit is high.All these bring difficulties to the enforcement of state intellectual property abuse.For this reason,we need to learn from the experience of developed countries abroad: the United States and the European Union hold affirmative attitude towards the no doubt clause.The United States has recognized the illegality of unreasonable high price behavior,while the European Union has made corresponding regulations,but the regulation method is more cautious.The United States holds a positive attitude in rejecting licensing,while the European Union is responsible for endangering social competition and innovation.In view of the specific and special national conditions and legislative status of our country,we should scientifically improve the legislative problems: reduce the threshold of the abuses of suspected intellectual property rights,strengthen the application of the rules of the key facilities,refine the conditions of the use of the unquestioned clauses,and adopt the reasonable analysis principle;and analyze the factors of the unfair and high price identification in the science of science.The principle of unfair high price is suspected of abuse of intellectual property rights.