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The Research Of Anti-Monopoly Law Regulation Of The Abuse Of Intellectual Property Of Multinational Companies

Posted on:2016-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2296330461950570Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s economic environment, the importance of knowledge and information cannot be ignored. Intellectual property has become the main weapon for enterprises to participate in market competition, and most of the time,it is more important than money and equipment. Multinational companies with its advantages in intellectual property rights, quickly occupy the market commanding heights, abusive behaviors occur frequently to China’s economic order and brings huge harm to enterprise development.Law makes intellectual property monopoly legal, coupled with lack of restrictions. The abuse of intellectual property rights of multinational companies is used to eliminate and restrict competition behavior.The exercise behavior completely deviated from the aim of intellectual property rights to promote technology innovation and progress, the legislative origins of economic growth. Any unlimited power tends to be abused. Economic order and people’s well-being requirement to exercise the rights to make the limit necessary, otherwise, it will be alienated to restrict competition, inhibit the development of national enterprises in our country.Therefore, this paper is committed to explore using anti-monopoly law to regulate abuse of intellectual property rights of multinational companies.From the form of abusing of intellectual property rights of multinational companies, this paper probes into the cause of the abuse of intellectual property.the lag in legislation and the demand for capital and technology in our country, make the abuse intensified. On the basis of revealing the necessity regulating abusive behaviors, from analyzing the legal system to regulate the abuse of intellectual property rights, the author arguments the necessity to apply anti-monopoly law to regulating the abuse of intellectual property rights.And from the aspects of theory and practice to explore the feasibility of using the anti-monopoly law to regulate the abuse of intellectual property rights. So exactly, how to analyze of abuse of intellectual property rights in anti-monopoly law framework becomes the focus of the article. Finally, according to the present situation of our country, it gives suggestions to maintain our interests.The article adopts the combination of theory and practice, literature reading method, comparison analysis and other research methods. Through the way of literature reading to consult a large number of data, it analyzes the essence of the abuse, and it become an important basis for argument. Through the combination of theory and practice to demonstrate the necessity of regulating abuse of intellectual property of multinational companies. With the method of comparison and analysis combined with cases and the international and domestic law for the regulation of abuse, it analyzes the feasibility of using the anti-monopoly law to regulate the abuse of intellectual property rights, and learns the experiences that we can borrow.It is necessary and feasible to regulate the abuse of intellectual property,. Within the anti-phonology framework. Intellectual property,the same with other tangible property rights, the exercise is neither limited to regulation of the antitrust laws nor should be to blame.Analyzing the relationship between monopoly behavior and abuse of multinational companies, combining with the judgment standard of he monopoly and way of analysis, we can determine the nature of its behavior. Perfecting our country’s legislation and law enforcement of regulating the abuse of intellectual property rights using anti-phonology is where we should strive for.
Keywords/Search Tags:multinational companies, the abuse of intellectual property, The antitrust laws, the abuse of dominant market position, limit competition
PDF Full Text Request
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