| Intellectual property rights are given a monopoly right by law, but the aim of the antitrust law is to forbid monopoly and competition. However, both of them are beneficial to the development of economy and the customers. But the exercise of power in the intellectual property rights beyond the boundaries of its power under the law, which is harmful to the interests of the public called the abuse of intellectual property rights. The abuse of intellectual Property rights should be regulated by the antitrust law. The Europe and the USA have rich experiences in this area. America, the Europe and Japan have issued relevant laws, regulations and other documents which have established one complete and efficient law system. For example,"rule of reason" and "rule of abuse of intellectual property rights" which were put forward by America, the "Antitrust Guidelines for the Licensing of Intellectual Property" issued by America in1995and the "Commission Notice Guideline on the application of article81of EC Treaty to technology transfer of agreement " issued by the Europe. Japan issued its own "Antitrust Guidelines for the Licensing of Intellectual Property" in2007after drawing lessons from the Europe and the USA and combining its own practice. By studying the laws and the rules of America, the Europe and Japan especially the "Guidelines" of America and the Europe, the paper aims to supply some useful reference for China to draft and issue its own related antitrust law in the intellectual property law area. |
