Abuse Of Intellectual Property System

The intellectual property right(short for IPR) is a kind of legitimate exclusive right, which is the core meaning of IPR regime, its objective is to encourage innovations and maintain the innovation achievements. Under intellectual economy, what makes IPR system more inportant than ever is that knowledge and information become the wealth and the biggest propelling force of economic by and by. However, along with the development ofIPR system, its dissimilation becomes more and more serious, IPR abuse becomes the common phenomenon day by day, has seriously hindered the market competition and development of society and economy, so IPR abuse must be ruled effectively.By now, China has not established a integrited anti-monopoly law system, the existing law system which involves anti-monopoly is quite dispersible and not operational. It's difficulty to counterattack their IPR abuses powerfully when our multitudinous enterprises encounter the IPR strategy besieges from multinational corporations. So when we facing the more and more aggressive IPR attacking- strategy fi, om multinational corporations of the developed countries, we shall not only cash the entry commitments to WTO but also consider our existing reality implements fully and take corresponding moderate level protection, legitimately limits the foreign enterprises and multinational corporations' intellectual property fights monopoly and abuse behavior, to establish the anti- monopoly law system as soon as possible to protect our demesfic enterprises and make our national industries become stronger and develop overseas ,which are critic and urging tasks. It's extremely vital significant as well to maintain the freedom and fair domestic competition order as to maintain our benefits in the international economy intercourses.This paper consists of four parts.The first part points out the inevitability of IPR abuse and the necessity to regulate it, through analysing the significance of the establishment of IPR,the IPR abuses and anti-monopoly, the necessity to regulate IPR abuse and its basis. The second part elaborates the definition and performances of IPR abuse. On the base of analysis about the general limit and its limitation to the intellectual property rights monopoly, points out the feasibility of the regulation of IPR abuse under the anti- monopoly law. Next discusses the relations between intellectual property rights law and the anti- monopoly law, points out their uniformity in the legislation goal, value goal as well as the reasons and the performance of their conflicts, and finally points out the possibility and the feasibility to coordinatethem.The third part introduces the practice and development in respect of IPR abuse and anti-monopoly by American, EU, our Taiwan area and WTO abuse the anti- monopoly rules ,and carries on the analysis and the appraisal on their common grounds and the difference in related regime, and points out the model significance to our related legislation.The fourth part first points out the necessity and urgency to our IPR anti-monopoly legislation, and has combed with reconsidering to our present related laws and regulations. Finally, carries on the legislation discussion on the anti-monopoly legislation principle, legislation pattern, regulating way and some procedural questions in our IPR domain.