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Study on Antimonopoly Regulation Issues of Abuse of Intellectual Property Right

Author: YuanYongLin
Tutor: MuLiXia
School: China University of Petroleum
Course: Economic Law
Keywords: Intellectual Property Law Abuse of intellectual property Antitrust
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 82
Quote: 1
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Abstract


Intellectual property law and antitrust law in a market economy are two important branches of law , they are in promoting technological innovation and promote economic competition with consistency , but in real life , both of which also appear contradictory . Abuse of intellectual property rights as the starting point , in revealing the relationship between the two at the same time , focused on the abuse of intellectual property antitrust regulation is extremely necessary . Microsoft's abuse of its intellectual property cases spread, highlighting today's economic life as a private right of intellectual property rights and to protect the public interest and established the relationship between antitrust disharmony . As China's economic law scholars focus on the case , the field of intellectual property and antitrust cross writings gradually increased, but the abuse of intellectual property related scholars still lack the basic theory of the carding system , abuse of intellectual property antitrust regulation studies have long been neglected. Theoretical study of the shortcomings reflected in the practical operation , resulting in a cross-cutting areas of intellectual property law and antitrust cognitive embarrassment , especially abuse of intellectual property rights has led to anti- monopoly regulation laws predicament. Article aims to sort out the theory of abuse of intellectual property , in-depth study the relationship between intellectual property and antitrust law , drawing on international experience , based on the Chinese context, reveal the abuse of intellectual property status of antitrust regulation , to explore and advocated the establishment of sound intellectual property abuse antitrust regulation system .

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