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On the Abuse of Intellectual Property Rights of the Antimonopoly

Author: ZhangRuZuo
Tutor: LiWeiQun
School: East China University of Political Science
Course: Economic Law
Keywords: Abuse of intellectual property rights Anti-monopoly law Antitrust law
CLC: D912.29
Type: Master's thesis
Year: 2010
Downloads: 146
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Abstract

In the 1990s, the world's most famous software company - Microsoft suffered a lawsuit from the United States, European Union, Japan and South Korea because of its abuse of intellectual property rights, Microsoft Corporation, USA is subject to high ticket and various ban. In fact, Microsoft Corporation, USA all the abuse of intellectual property rights in foreign countries, in the Chinese market not only exists, but surpasses it and, for example, bundling browser, but not introduced because of the abuse of intellectual property rights regulation and abuse of knowledge awareness of the law of property rights is weak, so the government did not take any action for the behavior of Microsoft. As multinational corporations continue into the Chinese market, the case of the abuse of intellectual property rights will be recurring on the Chinese market have an enormous destructive power, and therefore to study the response to the abuse of intellectual property legal regulation also placed in top priority. This article describes the abuse of intellectual property rights in Legal Regulation will be divided into three parts from one of the key aspects. The first part is to start from the basic concepts and systems theory, introduces the meaning and history of intellectual property and antitrust law, and analysis of the relationship between intellectual property and antitrust law Unity and Opposition to introduce the abuse of intellectual property rights on the basis of the Anti-Monopoly Regulation Law theory. The second part focuses on the regulation of European and American classic case of abuse of intellectual property rights and legal systems. In the United States, the regulation antitrust laws \problems, this article not only describes the antitrust regulations of Europe and the United States known as the abuse of intellectual property rights, and also on classic Microsoft case in Europe and the United States, the Magill case law analysis and summary of the legal status and has a classic case of, the abuse of intellectual property rights in China antitrust regulation make reasonably insights. The third part is the abuse of intellectual property rights in China anti-monopoly system build. I generally have four points: 1, follow the example of the United States antitrust laws Guide intellectual property licensing, the development of China's \Law Guide \intellectual property license antitrust laws guide the evaluation system, the establishment of the system of assessment of the abuse of intellectual property rights in China. These four points are not only a combination of the actual situation and circumstances of the current legislation, but also absorbed the latest European and American judicial practice and practices, antitrust regulations of the abuse of intellectual property rights in China has a certain reference and practical.

On the Abuse of Intellectual Property Rights of the Antimonopoly

Abstract

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