| This paper attempts to study at various of antitrust law and regulatory inspection system that abusing intellectual property rights,conclude and analyse the abuse of intellectual property rights.So we can explore the measures to prevent the abuse of intellectual property rights.Meanwhile,we can learn from Western developed countries in how to prevent the abuse of intellectual property rights by studying their legislation practice.Also we can proposed reasonable proposals within the framework of TRIPS Agreement to improve the abuse of intellectual property Law Regulation in our country. So we can optimize our market economic order and promote normal market competitions in our country.This paper started from four aspects:Firstly, the anti-monopoly regulation of the abuse of intellectual property law conduct analysis. This view, as the law of intellectual property law of anti-monopoly and have in common, but its contradiction is extremely obvious. The need for abuse of intellectual property rights of monopoly caused further distinguish and definition. Abuse of intellectual property rights and the monopoly caused mainly include joint limiting competition behavior, abuse of dominant market position, three types of m&a. The three kinds of anti-monopoly can play a role of regulation behavior.Secondly, the United States, the European Union and Japan in the developed countries and regions of the abuse of intellectual property rights in the way of TRIPS and regulating the behavior restrict competition. After all the major of law, the paper analyzes the major countries, think of intellectual property and the coordination between the anti-monopoly law has experienced a long process, and the development trend of intellectual property rights, the monopoly regulation practice areas are convergent inclination. Abuse of intellectual property rights in the regulation of the restrictions of competition behavior should be reference。Again, analyses the current law of the relevant provisions of the abuse of intellectual property rights of the pros and cons. At present to abuse of intellectual property problem caused by adjusting the monopoly of the intellectual property law mainly includes the anti-monopoly law, and so these provisions, and the lack of too scattered the quantitative evaluation standard strictly, operability. In addition, China to abuse of intellectual property rights in the regulation of monopoly in the lack of necessary legal responsibility system, some effective or abusive behavior with the regulation of deterrence.Finally, to perfect our abuse of intellectual property of the anti-monopoly law regulating content puts forward relevant Suggestions. This view, first should be established to intellectual property rights abuse of the basic principles of anti-monopoly examination, including the"right"principle,"don't run special treatment"principle, etc. The legislation should be specifically enumerated the abuse of intellectual property rights, including basic behavior field of intellectual property right abuse of dominant market position, the holder of the intellectual property right joint limiting competition behavior, the concentration of intellectual property rights abuses, etc. In addition, still should improve abuse of intellectual property rights, the content of anti-monopoly regulation of the abuse of anti-monopoly law regulation of normative documents.Based on historical research and comparison method, the system of the abuse of intellectual property rights from definite meaning, abuse of intellectual property analysis and the basic performance, find it type of abuse of intellectual property law regulating measures of intellectual property rights in China, and puts forward several abuse of legal regulation improvement Suggestions. |
