On The Abuse Of Intellectual Property Rights Of The Antimonopoly

90 years on the world, the world's most famous software companies-Microsoft, the United States because of its intellectual property and suffered abuse from the U.S., EU, Japan and Korea, the lawsuit, the U.S. Microsoft is punishable by high fines andkind of ban.In fact, all kinds of abuse of U.S. intellectual property rights of Microsoft Corporation in the conduct of foreign, not only exists in the Chinese market, but also surpasses it, such as bundling the browser, etc., but because of the abuse of intellectual property rights in China-related regulation method is not introduced, and the abuse of knowledgethe legal sense of property rights is weak, so the government does not act for Microsoft to take any action.As multinationals continue to expand the Chinese market, the abuse of intellectual property rights and the situation will be repeated in China have an enormous destructive power, so the research response to the abuse of the legal regulation of intellectual property issues are also placed in top priority.This paper will be divided into three parts from the key aspects of intellectual property rights abuse in the Regulation of anti-monopoly laws.The first part of the system from the basic concepts and theories, this paper introduces the meaning of intellectual property and antitrust law and history, and analysis of intellectual property and antitrust law, the relationship between the opposition and unity, to introduce anti-monopoly abuse of intellectual property law the basis of Regulationtheory.The second section focuses on the Regulation of European and American classic case of abuse of intellectual property rights and the legal system.In the United States, the abuse of intellectual property regulation adopted "anti-trust laws," the special law "the anti-trust laws of intellectual property licensing guide" to the specific issues related to regulation, the EU adopted the famous black and white, gray, abuse of intellectual property terms to determinequestion, this article will not only introduce the European and U.S. antitrust abuse of intellectual property regulation methods, but also on European and American classic Microsoft case, Magill case, the legal analysis, and summarizes the legal situation in China and has undergone a classic case ofChina's abuse of intellectual property rights related to antitrust regulations make a reasonable view.The third part is the abuse of intellectual property rights for the Chinese anti-monopoly system construction.I used roughly four points:1, follow the example of U.S. "anti-trust laws of intellectual property licensing guide" the development of China's "abuse of intellectual property rights of judicial interpretation of antitrust regulations"; 2, reference to the U.S. "intellectual property licensing antitrustLaw Guide "to" the principles of its own law, "and the" rule of reason "as a regulation determine the principles of the abuse of intellectual property cases 3, refer to the European Union black, white, gray provisions of the development characteristics of various types of restrictions on competition in line with our scenario 4,reference to the U.S."anti-trust laws of intellectual property licensing guide" assessment system, the establishment of China's abuse of intellectual property assessment system.Combination of these four points is not only China's current situation and circumstances of the actual legislation, but also absorbed the latest European and American legal practice and practices, abuse of intellectual property rights in China Antimonopoly there is a certain reference and can be practical.