Regulating Intellectual Property Abuse With The Anti-monopoly Law In Our Country

At the beginning of this century, Cisco v. Huawei case attracted the attention of the world. This hubbub of transnational intellectual property litigation inspires China's scholars of intellectual property rights, scholars of anti-monopoly law economists and other academic colleagues thinking about the following questions: Under the background of entry to WTO, how can China regulate the growing abuse of intellectual property rights? How to deal with the multinational companies in developed countries frequently waving the big stick of intellectual property rights? In this paper, I analyzed and studied such issues involved in various aspects in a hope of benefiting Chi'nas legal process with my own efforts, and this is also the motivation of my writing this paper.The structure of my research is as follow:Firstly, starting with the animated Cisco v. Huawei case, analyze and discuss the questions revealed by this case. Secondly, using a method of comparison, do a meticulous study on the relevant legislation outside. Lastly, clear up and analyze the current legislation of our country. To be detailed: Chapter one, Cisco v. Huawei case and its enlightenment. In this chapter I begun with the most worldwide focused intellectual property case and made a simple introduction of the details of the case. Then I took the key of the case, which is the"private agreement"of Cisco, as an entry point, and determined the legal nature of Cisco abusing"private agreement"afterwards. This case enlightens us that under the background of entry to WTO, multinational companies frequently waving the big stick of intellectual property rights affected the economy of our country greatly. Therefore, it is urgent to regulate the abuse of intellectual property rights with anti-monopoly laws.Chapter two, the relationship between intellectual property rights and anti-monopoly laws. Firstly I made some simple but necessary definitions and descriptions of some basic items. Secondly I proved that intellectual property is a kind of legal monopoly based on the stressed analysis of the legitimacy, the social infrastructure and the social values of the intellectual property rights. Thirdly I analyzed and introduced the concept and elements of the intellectual property rights, which is a kind of aberrance in the exercises of intellectual property rights. And also the concept of intellectual property abuse links together the very different systems of intellectual property rights and anti-monopoly. Lastly I analyze the complex relationship of mutual harmony and conflicts between intellectual property rights and anti-monopoly laws.Chapter three, outside legislative system for intellectual property abuse. In this chapter, I reviewed the legislative practices of the United States, the European Union, Japan and the World Trade Organization on intellectual property rights from the perspective of Comparative Law. Through the revision I found that there is a trend of assimilation of every country's stipulations. And I also found that every country had adjusted their anti-monopoly regulations against intellectual property abuse widely or martially in different periods through a carding of legislative evolution. As a result ,a conclusion can be got that any system is constructed to achieve better national interests ultimately.Chapter four, our legislative practices against intellectual property abuse. Firstly I addressed the question which one is prior to the other between intellectual property law and anti-monopoly law. Then I cleared up the laws and regulations governing intellectual property abuse before the promulgation of Chinese Anti-monopoly Law. Through the analysis of above laws and regulations , I pointed out the legislative shortages of regulations governing intellectual property abuse.Chapter five, establish and improve the legal system regulating intellectual property abuse with the Anti-monopoly Law as the core. At first I introduced the guiding ideology and the status quo of the legal system against intellectual property abuse. Then with the introduction of Anti-monopoly law as an opportunity and with reference to the experience of the outside legal system, I analyzed the probable future regulation mode of legal system against intellectual property abuse with the Anti-monopoly Law as the core.Although I spent a long period of time and many efforts on this paper, there are still some demonstrations which are not so satisfactory because of my limitation of acquisition ability. Look forward to you esteemed experts'enlightenments and advices.