Research On Anti-monopoly Laws And Regulations On Abuse Of Intellectual Property Rights

Innovation is the eternal theme of the development of human society.At the same time,we open the door of the era of knowledge economy.High and new technologies such as information technology,new energy and new material technology and life science technology are synonymous with our times.As the result of intellectual labor with scarcity and usefulness,the knowledge behind these technologies has generated great economic benefits and social value.In the era trend of mutual linkage and close combination of knowledge and economy,the intellectual property system is gradually born in the mother land of commodity economy,and has become a global intellectual property protection mechanism under the great impetus of WTO.However,when people are amazed by the great changes of The Times brought by science and technology,intellectual property rights are quietly "alienated",and the monopolistic behavior of intellectual property rights has already appeared and gradually spread.The first chapter of this paper is the concept and specific form of intellectual property abuse.To do a good job,one must first sharpen one's tools.Only by having an accurate grasp of the basic concept and specific form of expression can one make preparations for the subsequent understanding of the relationship between intellectual property abuse and anti-monopoly regulation.Firstly,the definition of intellectual property abuse in China and abroad is introduced.Finally,it introduces the harmful consequences of intellectual property abuse and the theoretical basis of anti-monopoly law on intellectual property abuse.The second chapter introduces our country anti-monopoly law to regulate the abuse of intellectual property rights,analyzing the present situation and existing problems of the first respectively in this paper,the present situation of legislation and law enforcement in our country at present situation,introduce the antimonopoly law in the legislation in and form a complete set of corresponding rules and regulations,etc.,are mainly introduced in the law enforcement in 2018 institutional reform as well as the benefits of my concern for the problem of the reform of the,found the defects of legislation and enforcement,gives Suggestions for subsequent improve the paving.The third chapter introduces the legislation and measures adopted by Europe,America and Japan to regulate the abuse of intellectual property rights.The framework of each part is to introduce the relevant legislation in the first place and then introduce the typical cases,review the whole legislative process and the handling of different cases in various countries and regions,and see the changes in attitudes.On this basis,analyze the common points and differences in the legislation of various countries,so that China can learn from them.The last part introduces the author's Suggestions and opinions on improving the regulation of intellectual property abuse by anti-monopoly law in China.Based on the shortcomings in the second part of China,this paper draws on the outstanding experience of Europe,America and Japan in the third part and puts forward some Suggestions based on the highlights of the anti-monopoly law amendment.Marx and Engels pointed out:"the economic base determines the superstructure,and the superstructure reacts to the economic base." With the knowledge economy gradually replacing the industrial economy,it is inevitable that the legal system,the superstructure,will change dramatically.As the intellectual property system that protects the fruits of human intellectual labor,it should be the most affected and changed.In order to stimulate people's creativity,the law endowed intellectual property with natural exclusivity.Intellectual property rights are private rights,but the protection of intellectual property rights should not only focus on its exclusive exercise.Montesquieu,in his treatise on the spirit of the law,said,"it is a timeless experience that all who have power are apt to abuse it.The powerful use their power until they meet a limit." With the development and deepening of the protection of the rights of intellectual property owners,it is inevitable that people will worry about the abuse of power.As "import"more factors are still confined to the intellectual property system to protect this level,but the right once abuse may lead to restrictions on competition,thus by the anti-monopoly law regulation,as the "import"intellectual property rights,research starts late in our country,the law inherent hysteresis is difficult to cope with the rapid social development,the complicated disputes.How to find the "balance" between intellectual property and antitrust law,to encourage innovation at the same time maintain good and orderly market competition environment,accurate definition of the abuse of intellectual property,using the anti-monopoly law to better regulate abuse of intellectual property rights,we need to look around the world,actively learn from,based on the basic national conditions in our country,perfecting the corresponding system construction.