Antitrust Regulations On Intellectual Property Abuse

With the advent of the knowledge economy,various countries have begun to introduce policies to protect intellectual property rights and encourage technological innovation.In the contemporary era when intellectual property rights are valued by the state as important production factors,some operators of intellectual property rights often abuse their dominant market position to eliminate and restrict competition in order to maintain their competitive advantages and obtain improper benefits.Based on this,traditional antitrust regulations and legal systems are faced with new challenges.China’s "Antitrust Law" regulates the abuse of intellectual property rights with only a few words.The importance of research on this issue is self-evident.This article clarifies the relationship between intellectual property abuse and antitrust regulation by sorting out the concept of intellectual property abuse,and elaborates the antitrust regulation of intellectual property abuse from the theory of externalities in economics,the sociological balance of interests theory,and the law of non-abuse of intellectual property rights.Based on the theoretical basis,enumerating specific anti-monopoly laws and regulations on intellectual property abuse,examining representative intellectual property abuse methods in representative countries and regions such as the United States,theEuropean Union,and Japan,and exploring China ’s anti-monopoly laws and regulations from the perspective of legislation,law enforcement,and justice Problems in controlling intellectual property abuse: Legislative issues include the provisions of the Antimonopoly Law that are too simple,lack of a clear definition of concepts,scattered provisions regulating intellectual property abuses,failure to form a complete system,and unreasonable system design.There are problems such as the lack of independent intellectual property abuse antitrust enforcement agencies,the lack of specialized intellectual property abuse antitrust enforcement reference guides etc the judicial level has the problems of low professionalization of judge teams and lack of legal responsibilities.Based on the successful experiences of developed countries and regions such as the United States,Japan,and the European Union,based on the basic national conditions,we propose suggestions for improvement: on the legislative level,the substantive rules of the Anti-Monopoly Law are further detailed and revised,and the intellectual property separate law is improved.At the level of law enforcement,consider setting up an independent anti-monopoly law enforcement department and formulating a special "Anti-monopoly Guide on Abuse of Intellectual Property",etc.;at the judicial level,including intellectual property abuse in the field of criminal responsibility and establishing specialization Team of intellectual property judges,focusing on the role of jurors and expert assistants.