Research On The Abuse Of Intellectual Property Rights Of The Antimonopoly

With the development of economic integration,Intellectual property has become an inexhaustible power horse to promote economic and social development.Due to the fact that intellectual property rights have obvious exclusiveness because they are private rights,Intellectual property is often viewed as a monopoly-the right people often use to implement refusal to license,tying arrangement and predatory pricing,and to destroy the normal market competition.It damages the interests of consumers in the market.It is also detrimental to the welfare of the whole society.The purpose of this study is to regulate the abuse of intellectual property right,to draw lessons from developed countries and regions in this field,to confront the status quo,to put forward corresponding suggestions for further improvement,and to better implement anti-monopoly law.Based on the main content of the study,this paper contains four parts:Part 1 is about the concept of abuse of intellectual property rights in the field of anti-monopoly law and the necessity and reason of using the anti-monopoly law.This paper first introduces the domestic and foreign legislative background and historical evolution,makes a further study on the relationship between the abuse of intellectual property rights and anti-monopoly law,and makes a further discussion on the relationship between the abuse of intellectual property rights and anti-monopoly law.At the same time,it is clear about the universality of the abuse of intellectual property rights.It shows that the implementation of anti-monopoly law on the abuse of intellectual property right is in accordance with the theory of law and it is necessary and feasible to regulate the abuse of intellectual property rights by implementing the anti-monopoly law.The second part is the practical analysis of the intellectual property rights abuse.This part first introduces the current situation of China’s anti-monopoly law regulation on the abuse of intellectual property rights,finds out the main problems in China’santi-monopoly law system while analyzing the problems in the process of legislation and regulation,and then analyzes the problems existing in the refusal to license,tying arrangement and predatory pricing.The third part describes how developed countries and regions concerned administrate the abuse of intellectual property rights in the framework of anti-monopoly laws and evaluates the legislation,judicature and law enforcement of the regulation on intellectual property rights abuse in the United States,the European Union and Japan.Then I analyze the similarities and differences of the anti-monopoly laws,so as to find out which deserves our reference.In the fourth part,the author gives some suggestions on how to regulate the abuse of intellectual property rights in China.On the basis of drawing lessons from advanced foreign practices,this paper puts forward some countermeasures.