Regulation Of Anti-monopoly Law For The Abuse Of Intellectual Property Right

Intelle ctual property is legal monopoly right with certain term and certain scope．Itis not administered by anti-monopoly law usually．But in the times of intellectualeconomy, the overflowing of lawful monopoly power of the intellectual property right(IPR),that is the motive force which has deduced into the anti-monopoly question of thefield of intellectual property in competitive realm, which has constituted the abuse ofIPR．Today economic globaliza tion continuously renovates the rules of market, and theenterprises of our country are facing the stern test．This text uses comparative analytic method, historical analytic method, and caseanalytic method to carry on introspection and discussion on the mentioned problemabove．First the text will introduce the consideration of the case of Sike vs Huawei．Thecase causes people to think the extension and monopoliza tion of intellectual property rightknowing the urgent and important of that our country must establish antimonopoly lawand controlling the licensing of intellectual property right．Although Intelle ctual propertyis the monopoly right, but specifica lly exercises in the process in the intellectual propertyright, this kind of legitima te exclusive right has had the variation, constituted abuse ofIntellectua l Property right．The text will try to distinguish abuse of Intelle ctual propertyright from right use．In conclusion, on the basis of drawing lessons from the releva ntcountries and focusing on the low-efficiency characteristic of the intellectual regulation inour country, the writer present that we should have the specified clause and regulation forongoing anti-monopoly law and further discuss the issue on how to regulate theintellectual property in the Anti-monopoly law, in the hope of offering some clues andsuggestions to the legisla tion of anti-monopoly．...