| Competition law and intellectual property rights law are two important pillars for market economy. Due to their different nature, value and characteristics, the two are intrinsically conflicting, meanwhile their common equity principle as well as the substantial consistency between competition and innovation however determines that the two are also cooperative and complementary.Regarded as the Constitution of Economy and the Charter for Liberal Enterprising, the competition law regulates relationships formed by competition and its management, and the law is special in 4 aspects: combination of various legal relations, diversity of principal parties, uniformity of objects and inequality of rights and obligations. Moreover, the competition law basically pursues maintenance of orderly competition that lies in fairness and freedom of competition, respectively represented by anti-unfair competition law and anti-monopoly law.Intellectual property rights ensure domination of intellectual creation, commercial logo and other valuable business-related information by the entitled parties and their exclusion of interferences. Regulating various relationships incurred by intellectual products, intellectual property rights law is the prevailing legal system that confirms, protects and makes use of copyrights, industrial property rights and exclusive proprietary rights of other intellectual products. As a part of civil law system, intellectual property rights law craves for innovation.Intellectual property rights essentially results in total or restrained monopoly, while competition law that encourages and expedites liberal competition is about nothing but freedom. Thus, competition and innovation unavoidably contradicts where competition law and intellectual property rights law clashes. On the other hand, the two are coordinating and cooperative. First of all, they both subjects to the principle of balanced interests. Intellectual property rights law cares about... |
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