Research On Anti-monopoly Regulation In The Field Of Intellectual Property

The more attach great importance to the protection of intellectual property rights in countries,the more strict regulation of the abuse of intellectual property rights.However,the current situation in China is more protection and less regulation.In today’s economic globalization,the scope of protection of intellectual property rights expands unceasingly,makes many could have free use of technology fall into the scope of protection of intellectual property rights,which hinder the free competition,damage the interests of the public.Especially for us as a developing country,the technical level is less than the developed country,therefore we are subject to the developed countries in many ways.So how to play well in the anti-monopoly law to prevent the abuse of intellectual property battle is facing the new problems in our country.Both cross field has always been the hot spot of the study,how to measured the interests between the two,to seek a kind of coordination to protect intellectual property rights greatly,to prevent the abuse of intellectual property rights,control monopoly behavior,guarantee the favorable position in international competition in our country is a problem we should focus on.Through research,clarify the relationship between intellectual property and antitrust law,the more important is the cross field,based on before the research of scholars further from the perspective of value.We concluded that both the value of the existence of consistency.Mostly believe that the intellectual property rights is a kind of monopoly,so the intellectual property and anti-monopoly law has the conflict,but on the other hand,there also have consistent between intellectual property and antitrust law,which reflected in both have to encourage innovation,promote consumer welfare,improve efficiency,maintain the value goal of market competition.After clarifying the relationship between them,it’s good for use to analyzes the abuse of intellectual property rights from the perspective of anti-monopoly law division forms.It’s also helpful to the cognizance and partition for the abuse of intellectual property rights.We adopted different analysis methods in exploring the antitrust regulation in the field of intellectual property rights.For example,the United States according to the different historical periods and different economic conditions,which made the intellectual property rights and antitrust of tempering justice with mercy policy.And this part is based on this clue.Other countries and regions are enacted according to the different periods of study on the laws and regulations.In the intellectual property rights and antitrust policy and related laws and regulations,also should according to the current economic,political,and cultural development status and the degree of opening to the outside world in our country,Under the guidance of economic theory.Before experts and scholars’ advice about our country anti-monopoly law regulation of the abuse of intellectual property is in the antitrust committee of the state council about the abuse of intellectual property antitrust guide draft before put forward,the author analyses in this paper,the new guidelines,and on this basis put forward its own proposals.Guide in setting the main body,the form,writing style,structure,choice is reasonable,but not enough overall effective in content,this article puts forward his own suggestions in terms ofsubstantial content.This paper we have studied from the following several parts: the first part mainly wrote the relationship between intellectual property and antitrust law,including conflict and consistency,mainly focus on both the existence of value target consistency,thus raises questions,namely from the perspective of anti-monopoly law,reasons for regulation of the abuse of intellectual property rights;The second part is mainly to write reasonable exercise of intellectual property rights.Mainly from the perspective of anti-monopoly law,namely the need for anti-monopoly law regulation of the abuse of intellectual property rights,including intellectual property licensing and prohibits the exercise system of monopoly agreements,intellectual property rights and system of abuse of dominant market position related to the intellectual property rights and the concentration;The third part is the study of foreign anti-monopoly law regulation of the abuse of intellectual property rights,mainly the United States,the European Union and Japan.The analyzes from a different perspective,to the United States from different periods of different policy perspective,to the European Union,Japan,from the Angle of laws and regulations at different time points;The fourth part is mainly to the current situation of the intellectual property antitrust law regulation of our country and the necessity of the study,and then to the new "the anti-monopoly commission on abuse of intellectual property antitrust guidelines" draft for evaluation,on the basis of the guidelines for conform to the reality of our country’s concrete Suggestions are put forward.