Research On The Anti-monopoly Regulations On The Abuse Of The Intellectual Property Right

As a private right the intellectual property right has the conflict between the holders oft the intellectual property right and the common interests. Only with balance they both can reach the aim of the establishment of the intellectual property right. In the 21st century the competition between the enterprises and the states more and more transfers into the competition with high science and technology. The high science and technology is often manifested into the form of the intellectual property. More and more Enterprises, especially the transnational enterprises make profits by means of overuse the intellectual property right. How to use the intellectual property right properly has great theoretical and practical significance to the developing China. This thesis focuses on the basic theories, discussing the anti-monopoly regulations on the intellectual property right systematically.The overuse of the intellectual property right relates to the law of the intellectual property right and the competition, especially the anti-monopoly regulations. In another word this issue crosses the regulations in two departments. The definition for the overuse of the intellectual property right confronts many difficulties because of the special permission system of the intellectual property right itself and the multi-changeable nature of the word "overuse" in economics and law. That leads to a phenomena which can be described as followers: in the economic acts taking advantage of the vagueness and difficulties of the law itself many economic principal parts especially many big transnational companies with high science and technology overuse the intellectual property right, invade the lawful rights for the other market participating parts. However in order to protect the lawful rights of the consumers and the other weak market participating parts the maintenance of the marketing economic environment and the order, the overuse of the intellectual property right should be regulated by the proper laws. In fact the relating laws and regulations are perfect in many advanced countries.From the specific issues analyzed the whole thesis can be divided into four chapters. In chapterl there is a brief introduction about the overuse of the intellectual property right and the relating regulations. In chapter2 there is a classification on the concepts of the intellectual property right, the constitution elements, the specific manifesting forms and other basic issues. In chapter3 there is a detailed introduction about the anti-monopoly regulations of the overuse of the intellectual property right in the modern advanced countries, including the measures taken by the WTO, United States, Japan and the EU. Hence a conclusion is made about the individual states to set an example and reference for China. In chapter4 a brief presentation about the overuse of the intellectual property right in China. This thesis also has a discussion on the problems and the significance of the solving process to the modern China. Based on the above relating proposals are put forward.