On Restrictions Of Rights Abuse In The Software Intellectual Property

Under the background of economic globalization, the overseas software giants hasten to seize the Chinese market and carry on the monopoly to the software market by taking advantage of their hegemonic positions on software intellectual property rights. Consequently, it has seriously damaged China’s software industry and general users’benefits. Meanwhile, as the rising of China’s native software industry, some domestic software giants start to abuse the software intellectual property so that the public benefis have been gravely harmed.With the continuous development of intellectual property system, the judgment on setting up it has already been clearly, which the protection and implementation of intellectual property rights should be conducive to the promotion of technological innovation, technology transfer and technology dissemination, to the mutual benefits between producers and the technical knowledge users. What’s more, measures on protecting and enforcing intellectual property should contribute to the balance of rights and obligations as well as favor social and economic welfare. Rights abuse of software intellectual property is mainly reflected in bundle sale, technology restrictions, predatory pricing, barriers of conditions and so on. And the identification is fully investigated from the behavior body, subjective condition, objective behavior as well as the behavior result. As for the certification process, it should be dedicated by the special state institution or a court, and for certificating the behavior body who propose rights abuse, it’s generally confirmed as the main body who has the real damage caused by rights abuse of software intellectual property. Therefore, this paper through measuring the benefits of restriction on rights abuse profoundly, evaluating the benefits measurement between the rights subject and software user, between the rights subject and competitors, between the rights subject and public interests, aims to make further analyzation on the necessity of restricting the rights abuse of software intellectual property. Taking the protection of software intellectual property for consideration, it can make use of effective defensing mechanism,such as reasonable use principle, the statutory licence principle as well as the right exhausting principle,so as to resist the obligee’s right claims. Thus, rights abuse of software intellectual property can be truly restricted and the original intention on encouraging innovation and promoting technology progress can be realized completely.