The Practice And Reference Of The Abuse Of Intellectual Property Rights In The EU Competition Regulations

In the new period,with the rapid development of knowledge economy,intellectual property right in the domestic and international trade status is more and more prominent.Both developed and developing countries have developed strategies for the protection of intellectual property rights.How to protect the intellectual property rights of the subject of the domestic economy in the context of economic globalization and how to regulate the abuse of intellectual property rights in the process of economic competition has gradually attracted the attention of scholars in recent years.From the point of view of competition law,this paper mainly studies the regulation of the abuse of intellectual property rights by competition law,and studies the abuse of intellectual property rights in the EU competition law as a research object,and studies the advanced experience in EU competition law so as to improve the abuse of intellectual property rights Of the competition law system.In addition to the introduction,this paper is divided into four parts.The first part mainly introduces the relevance between intellectual property abuse and competition law.In this part,the author first defines the concept of intellectual property abuse,and analyzes the main forms of intellectual property abuse,including tying and price abuse and so on.Second,the author uses the case to evaluate the impact of intellectual property abuse on fair competition.Finally,the author summarizes the characteristics of the abuse of intellectual property rights in the regulation of competition law and the significance of competition law regulation intellectual property rights.This part of the writing is mainly a general introduction,laying the foundation for the following discussion.The second part mainly introduces the principle of EU competition law regulating intellectual property rights.In this part,the author analyzes the principle of the abuse of intellectual property rights in EU competition law by means of judicial cases,which mainly has the principle of distinguishing between rights and rights of use,the principle of exhaustion of rights and the principle of homology.In addition,the author also evaluates the three principles one by one,and analyzes the significance of the establishment of the three principles to the development of the EU.The establishment of these three principles not only protect the rights of the rights of member states,but also regulate the rights of their abuse.The third part mainly introduces the rules of the abuse of intellectual property rights in EU competition law.The author talks about its rules mainly from three aspects,which are the European Treaty Article 81 and Article 82 discussed separately.Article 81 deals mainly with the restriction of competition,and in this section it is mainly about the definition and performance of joint restricted competition.Second,Article 82 is mainly the EU competition law on the abuse of market dominance of the prohibition of the provisions.The fourth part is mainly the present situation of our current competition law system,the existing problems and the reform path of our country according to the experience of the EU.In this part,the author summarizes the existing regulations and the related drafts of the competition law system which regulates the abuse of intellectual property rights in our country at present,and sums up the shortcomings of the current competition system of intellectual property rights in China.In addition,based on the basis of national conditions,the author puts forward the reform path of the competition law system which regulates the abuse of intellectual property rights in our country.Among them,the specific formulation of the rules of competition law enforcement to regulate the abuse of intellectual property rights,mainly to encourage innovation and the use of the principle of unity of rights and personal interests and national interests of the principle of unity,these principles not only draw on the successful experience of the EU,but combine with China’s specific national conditions.In addition,in the path of reform,the author also puts forward specific suggestions to solving the existing problems in the competition law system.Finally,the author boldly puts forward the legislative model of the competition law system in the new period,which is the system of regulating the abuse of intellectual property rights with the competition law system.Finally,the author puts forward the problems that should be paid attention to in the construction process.This part is the core of this article,but also is the purpose of the author.