A Study On The Anti - Monopoly Regulation Of Intellectual Property Abuse

Intellectual property rights, which are took possession alone, have a monopolizedlegitimacy. However, the abuse of intellectual property rights will be caused, if the obligeedo not exercise their rights appropriately in the process of monopoly. The abuse ofintellectual property rights will seriously damage the fair market competition. Thereforethe intellectual property rights must be regulated to avoid abuse.But regulation ofintellectual property abuse in Anti-monopoly Law is still in the embryonic stage in China.Other laws also have the problems about disperse contents and weak execution.Consequently, the research of anti-monopoly regulation of the abuse of intellectualproperty is very necessary. This article mainly divides into four parts:The first chapter:Through the monopoly of intellectual property rights, to elicit theabuse of intellectual property rights. Summarizes the meaning of abuse of intellectualproperty rights, the performance of abuse of intellectual property rights and therelationship between Anti-monopoly Law and the abuse of intellectual property rights.The second chapter: Disscussion the regulating process of the Anti-monopoly Law ofthe developed countries and regions. And the advanced experience, which is useful to ourcountry.The third chapter: Analyze the situation of the regulation of intellectual propertyabuse in Anti-monopoly Law in our country, and get the major defect of it.The forth chapter: Suggest our country to improve th regulation of intellectualproperty abuse in Anti-monopoly Law from four aspects. First, to improve the legislationsystem; Second, set up special law enforcement agencies; Third, estsblish the criminalresponsibility system of the abuse of intellectual property rights. Last, strengthen theawareness of antitrust.