On Anti-monopoly Law Regulation Of The Abuse Of Intellectual Property Rights

The huge wealth contained in the intellectual property field has caused it to be linked to monopoly from the beginning.There are still many problems in the anti-monopoly regulation field of intellectual property abuse in China,although many anti-trust guidelines on intellectual property have been issued.Academia has also published many related monographs,but antitrust regulation of intellectual property rights is a cross-cutting field with high practical requirements.Obviously,it is not applicable on paper.Therefore,this article aims at China’s current antitrust regulation and abuse of intellectual property rights.Perform a simple carding study.Judging from the main content of the study,this article is divided into five parts:In the first part,I combed the writing background and expounded the research significance of this topic,briefly discussed the relationship between intellectual property and antitrust,and introduced the innovation of this article.The second part is to sort out the concept of intellectual property abuse,analyze the prominent intellectual property abuse behaviors in China from the perspective of monopoly,and analyze it with cases.Analyze the relationship between the two and the reasons and basis for using antitrust law,and prove that it is effective to use antitrust law to solve the problem of intellectual property abuse.The third part is mainly to analyze the current anti-monopoly legislation of intellectual property abuse in China.From the perspectives of China’s legislation,legal responsibility system,law enforcement and judicial,this part summarizes the problems in China’s current anti-monopoly regulation that need to be improved and the responsibility system is not clear.The fourth part analyzes and draws on the foreign anti-monopoly regulations related to intellectual property abuse.It mainly summarizes the legislative enforcement features of the United States,Japan,and the European Union,and summarizes the commonalities and differences between the three.It aims to make recommendations for China’s development.The fifth part is the suggestions for improving the regulation of intellectual property abuse in China using antitrust law.Aiming at the deficiencies of China’s current antitrust law in the third part in legislation,justice,and law enforcement,wepropose solutions one by one,such as improving the liability system,increasing penalties,and establishing an independent law enforcement part.