The Theory On The Conflict And Coordination Of The Intellectual Property Law And Anti-monopoly Law

The abuse of intellectual property causing the illegal antitrust caused a greatdeal of damage,which is needless to say. Fortunately,at present, the academia hasreached a consensus on issuing a status to regulate the antimonopoly issues of abuseof intellectual property rights.The focus of this article is intended to analysis from theeconomics angel the basic theory of intellectual property law, anti-monopoly law,andthe relation of conflict and coordination between them,then we can have a more clearunderstanding about them.Secondly, through the analysis above, the paper putsforward some own views, expecting to provide some thought, which can be used forthe establishment of guide controlling the abuse of intellectual property, and buildinga orderly competition and social atmosphere full of innovative spirit.From the perspective of the content of the paper, this paper is mainly dividedinto five parts:The first part is the re-recognition about the basic theories of intellectualproperty rights.This article first from the perspective of economics discusses thecause of the intellectual property, putting forward the character of the publicawarded of the private right of intellectual property. Secondly use the economics todefinite the notion of wealth and possessions, showing that it is incorrect that the theacademia regards object of intellectual property rights is information or knowledge, that the direct object of intellectual property rights is the scarcity of franchise,and thatfinal object of those is information or knowledge.On the basis of the formerdiscussion, focus on the center of this paper,and put forward some properties ofintellectual property rights are different from tangible property rights: statutory,separation granted and instability.The second part is the re-recognition of the theory of anti-monopoly law.Thispaper mainly discusses the anti-monopoly law as a separate field of law of economiclaw, known as "Economic Constitution"、"Great Charter of Liberties of theenterprises",which shows its importance in maintaining the normal order of themarket economic.At the same time our country judicial interpretation also allowsthat anyone who suffers property damage due to monopoly act can file a civillawsuit,Thus concluding that the antitrust laws is given priority to with public lawnature and the nature of private law.Given the nature of public law, anti-monopolylaw is pointed out some basic characteristics: state intervention, social standard,economic policy.The third part is the discrimination of the nature of intellectual property andantimonopoly law.This part firstly points out that in promoting and maintainingcompetition relations,and enhancing the welfare of consumers, intellectual propertyand antimonopoly law has consistency.Then discuss the existence of intellectualproperty does not necessarily lead to the antitrust laws regulation problem, only theobligees exercise his rights beyond the scope of authority,which must gottenbound.so we can get that the conflict between intellectual property and antitrust lawis potential.From the perspective of social and public interests,it’s necessary toemphasize coordination of the conflict.The fourth part is mainly on the analysis of antitrust problems caused by theintellectual property rights.At first this part debates the basic theory of principle toprohibiting abuse of rights,and makes clear the division of standards of the abuse ofthe rights.The second part is the analysis of the basic theory of the abuse ofintellectual property,and defining the notion and the types of abuse of intellectual property rights.Next is the regulation of the abuse of intellectual property rights, pointing outthat the regulation can be divided into external regulation and internalregulation.Finally the article mainly discusses the external regulation, that is, theantitrust laws. Analyze the types of the abuse of antitrust problems caused by theintellectual property, and the deficiencies existing in China’s laws and regulations inthis regard.The fifth part is the suggestion to perfect our country "antimonopoly law", andput forward the procedure guarantees.In the physical aspects of intellectual property,puts forward the necessity ofissuing the antitrust guidelines and countermeasures for its contents.In order to ensurethe reality of the measures, put forward some suggestions: the establishment of aunified antitrust authorities, improving the professional level of law enforcementpersonnel,thus continuously improve the scientific and democratic of antitrustenforcement.