The Abuse Of Intellectual Property Rights Issues On Anti-trust Law

Though the Intellectual property rights are the legitimate right under the law, have the effect that promote the competition, but exceeded the necessary limit and then will result in the right abuse, causing serious damage to general public. As is known, the Microsoft monopoly case and the Sisco prosecute HW case, making people focus again on the abuse of the intellectual property. People discovers a serious problem: Not a few international business enterprises make use of its advantages in intellectual property right, to discriminate against the rival, and take possession by force the tool of the market. This problem has made our state's business enterprise face the rigorous challenge. So how should our regulatory system deal with the increasingly serious abuses of intellectual property rights? Paper puts forward some views and opinions.By analyzing the phenomenon of abuse of intellectual property rights in China and the impact on the anti-monopoly law and legal system of the intellectual property system both contrast between the two systems, reveals that the relationship between the unity of opposites, should be coordinated. With the reality of our country, that it is necessary to respect for and protection of intellectual property rights, encourage innovation and play its role in encouraging competition, but also to take care of reasonable restrictions on the business needs competition and prevent monopoly of the legitimate right to be improper abuse. With reference to other countries and regions on the basis of the practice of using anti-trust laws that regulate the abuse of intellectual property rights system is not only a trend, but it is an effective method. Therefore, this paper will examine China's "anti-monopoly law" was unveiled, and how to construct the system of intellectual property rights abuse of the regulatory system, the protection of market competition order, and safeguarding national economic security. Through analyzing the domestic legislation on the current status of carding and learn from developed countries in the region and the practice of some domestic scholars reference point, on the basis of China's "anti-monopoly" law regulations and guidelines and the formulation of the anti-monopoly law enforcement agencies set up some of the recommendations put forward .In short, whether it is for the maintenance of domestic order or free and fair competition in international exchanges in order to safeguard our interests, we have to build on the intellectual property rights of the anti-monopoly control of the abuse of the legal system.