| The intellectual property is in essence a legal monopoly that the law entrusts to, but just as any right will be used in an unreasonable way, the legal monopoly of intellectual property will be abused too. Especially in the era of knowledge-driven economy . Intellectual property has become a tool used to expand their business especially in electronical and communication -manufacturing industry; In addition, the developed-countries take the advantage of the intellectual property to make it a strategy to deal with the situation in international economy, technology, and trade areas. Due to the fact that the abuse of intellectual property monopoly can hinder the technical innovation and impair social public interest, it has become a hot discussion topic in academic circle as follows: whether we have the necessity to bring it into line with the anti- monopoly method adjustment scope? how to carries out the legal rules and regulations? how to realize the relationship between the intellectual property rights system and anti-monopoly law. However, the ignore of the issues, such as the boundary for the intellectual property rights and its abuses, how to introduce the measure to control the competition in abuse of the intellectual property rights into anti-monopoly law, and how to systematically elaborated the necessity and feasibility of intellectual property rights monopoly will make it impossible to further discuss the anti- monopoly regulations issues of the intellectual property rights.This text uses comparative analytic method, historical analytic method, and case analytic method to carry on introspection and discussion on the mentioned problem above. This text first presents the misuse of intellectual property and harmfulness of monopoly of intellectual property, and then analyzes these points in a detailed way. The writer not only points out the unreasonable situation in these fields but also reveals that it has become a kind of strategy used by the developed country to deal with the international trading tie, which we should pay attention to. This text first describes the necessity of anti-monopoly in the field of intellectual property right as a general, and make a concrete analysis of the inevitability of the monopoly in the field of intellectual property and limitation of the intellectual property itself; The writer use " interests weigh " method to classify, sum up these behaviors and study the value of anti-monopoly in the field of intellectual property. Then, based on the Anti-monopoly Law, the text carry on discussing the feasibility of regulating the intellectual property circles, seeking the theory and legislative evidence within the framework of the antimonopoly law from the jurisprudence, international treaty and legislative example of foreign countries, and then the writer assert it is essential and feasible to regulate the monopoly behavior in these field in our country. In conclusion, on the basis of drawing lessons from the relevant countries and focusing on the low-efficiency characteristic of the intellectual regulation in our country, the writer present that we should have the specified clause and regulation for ongoing anti-monopoly law and further discuss the issue on how to regulate the intellectual property in the... |
