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Study on the Regulation of Intellectual Property Abuse by EU

Author: YaoLiGuo
Tutor: ZhangBingSheng
School: Ningbo University
Course: Civil and Commercial Law
Keywords: EU Abuse of Intellectual Property Rights Competition law Evolution Policy
CLC: D95
Type: Master's thesis
Year: 2009
Downloads: 126
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Abstract

Intellectual property regulation abuse is the academic concern a major issue, the subject in recent years has aroused great concern of scholars in the field of intellectual property law, international law and the antitrust laws. EU competition law as the goal to unify the EU market, the free movement of goods rules are well coordinated and effective competition rules the relationship between the member states protection of intellectual property rights with the EU competition law, the regulation of intellectual property abuse the formation of a more perfect system, full of features. This paper selects the EU as the research object, start discussion mainly divided into the following sections: The first part focuses on the problem of defining intellectual property rights abuse. The object of intellectual property rights are intangible and easy to copy. This feature lead to intellectual property rights can easily be infringed, but also lead to the rights can easily be abused. Abuse abuse of intellectual property rights, and intellectual property rights exercised and intellectual property monopoly of a few concepts comparative analysis pointed out that the abuse of intellectual property rights is a very vague concept has different meanings in different countries. The abuse of intellectual property rights, the regulation is not necessary to impose a specific definition of one of its. The second part focuses on the EU regulation of intellectual property abuse of competition law system. First analysis of the EU Single Market objectives and the intellectual property rights of the Member States of the conflict, and pointed out that the EU did not establish a unified intellectual property system, but its competition laws can be effective regulation of intellectual property abuse. Through the interpretation of the EEC Treaty, it is pointed out that the the EU specific regulation through the free movement of goods rules and effective competition rules, and focusing on the rules of free movement of goods. The third part of the main rules of the EU regulation of intellectual property rights abuse - the efficient market competition rules. The author of the rules of the basic terms of the procedural provisions, the terms of the substantive analysis, which summed up the philosophy of the EU evaluation of the basic procedures and enforcement of intellectual property licensing agreements and dominant intellectual property position abuse. Comparing the relevant provisions of EU regulation during the abuse of intellectual property rights, further flexibility in EU competition law and intellectual property policy, a deeper understanding of timeliness. The fourth part is the EU model Enlightenment to China. I first introduced the urgency of the multinational intellectual property competitive strategy and our regulation of intellectual property abuse, and then the regulation of intellectual property rights in Comparative Perspective abuse path that seek regulation within the Intellectual Property Law At the same time, you should make use of existing legislative resources to build the system of competition law. The same time, should the situation in China, pay attention to the coordination of intellectual property protection and to prevent the abuse of intellectual property rights relations, maintaining our intellectual property policy flexibility.

Study on the Regulation of Intellectual Property Abuse by EU

Abstract

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