Anti-monopoly Regulation To Multinational Company's Abuse Of Intellectual Property

Since China joins WTO, accompanied with the coming of knowledge-based economy and economic globalization, intellectual property plays more and more important role in the development of country's economy and society. Under this condition,on one hand,we should raise the protection level of the intellectual property to warrant the harmonious order of intellectual property in the knowledge-based economy. On the other hand, we must avoid the monopoly action by misusing intellectual property so that we can retain in advance the space for the public benefit and keep the normal order of competition in market. In China, the law community seems to not think much of the competitive relationship between intellectual property and anti-monopoly law. The basic anti-monopoly hasn't been put into effect, which says nothing of that to the field of intellectual property. Facing the more and more serious intellectual property misusing of multinational companies,the enterprises and customers are both in the disadvantageous position lack of law to restrict the intellectual property misusing. So it has theoretic and practical significance to study the anti-monopoly issue in the field of intellectual property.This paper consists of four parts.By introducing the Civil Action CISCO v HUAWEI, the first part drew the primary conclusion that it is necessary and feasible for anti-trust law to regulate the abuse of intellectual property right.The second part is concerned with the related issues of abuse of intellectual property right. By analyzing the concept,character and functions of intellectual property,we can conclude that intellectual property is a legitimate monopoly. Even so, it is possible that intellectual property will be abused. Then the author enumerates the intellectual property's abuse behaviors of multinational companies in China. After discussing intellectual property abuse, we can draw a conclusion that we must establish a law restriction system to regulate the use of intellectual property. Then the special position and function of the anti-monopoly law is pointed out.The third part firstly point out it is legal to regulate the abuse of intellectual property from the point of international treatments. Then the author analyzes the relationship between the intellectual property and anti-monopoly law and point out their accordance on the aims and the spirit, and their conflict on character. In the end, we conclude that the relationship between them ended in the concession in some degree by anti-monopoly law to ensure the moderate space for existence of intellectual property.The forth part firstly pointed out the importance of establishing anti-monopoly law in the field of intellectual property by analyzing the status of this field. Then introduced the anti-monopoly experience of USA, EC and Japan in the field of intellectual property then pointed the reference significance to our country. Referring to these experiences, the author gave some suggestions to Chinese anti-monopoly legislation in the field of intellectual property. In the end, the author appraised and analyzed the related segment of《Anti-monopoly Law of the People's Republic of China》(draft version).