Anti-monopoly Legal Regulation On The Abuse Of Intellectual Property Rights

Intellectual property sing the main melody of the era of knowledge economy, the protection of intellectual property rights has become an important content of legislation in different countries, however, proved to the intellectual property rights "over protection" and can not reach the real objective of protecting intellectual property right, but it will also lead to disturb the market order, the exclusion or limitation of competition results. In this paper, from the connotation of abuse of intellectual property rights characteristics, manifestations, identification approach as the breakthrough point, a comprehensive analysis of the practice in the anti-monopoly law regulation of the abuse of intellectual property rights of the world’s major countries and regions, combined with the law status of China in the regulation of intellectual property abuse and shortage, put forward a the series of intellectual property rights abuse in China anti-monopoly regulation proposals.The content of this paper is divided into seven parts:the first part is the introduction, it is summarized the development status of the protection of intellectual property rights, and significance of the research, the key point is introduced; the second part is the summarization of the abuse of intellectual property rights, including its concept, form and content; the third part is the theoretical basis for anti-monopoly law regulation of the abuse of intellectual property rights, mainly from the two aspects of the legal basis and legal basis are discussed; the fourth part development status of anti-monopoly law regulation for the abuse of foreign intellectual property rights; the fifth part is the present situation of our country in the anti-monopoly law regulation of the abuse of intellectual property rights and the existing problems; the sixth part is in view of our anti-monopoly law regulation of the abuse of intellectual property rights legislation proposals; the last part is the conclusion.