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Anti-Monopoly Legislation on Intellectual Property Misuse

Author: LiuChenZuo
Tutor: YangXu
School: Southwest University of Political Science
Course: International Law
Keywords: Abuse of rights Intellectual property rights Anti-monopoly law
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 317
Quote: 1
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Abstract

Since the beginning of the twenty-first century, between the countries of the world, the competition among enterprises more performance for the technical and technological competition, technology and technology is often the manifestation of intellectual property intellectual achievements. The conditions of the knowledge economy, intellectual property has become the biggest driver of economic development. However, on the other hand, some multinational corporations are often the abuse of intellectual property rights to obtain huge profits, serious prejudice healthy market competition and social and economic development. China has yet to establish a sound antitrust system, the anti-monopoly legislation work has just started, there is an urgent need accompanying the introduction of a series of administrative guidelines and regulations involving the abuse of intellectual property laws and regulations exist dispersed, backward, operability is not strong, which makes our country facing the developed-country TNCs tough intellectual property strategy appeared to be inadequate and not conducive to safeguarding the legitimate interests of Chinese enterprises and free and fair competition order. Therefore, accelerating establish a comprehensive intellectual property the Abuse of the system is of great theoretical significance and practical value. This article is divided into a total of five parts, the main use of the comparative analysis, empirical analysis, historical analysis and other analytical methods. The first part is the introduction of intellectual property rights abuse of some of the basic theoretical knowledge, including the concept of abuse of intellectual property rights; type of abuse of intellectual property rights; abuse of intellectual property rights hazards. Paper, the idea is that a qualitative analysis of intellectual property rights abuse, pointing out what is the abuse of intellectual property; then introduced and analyzed by type of abuse of intellectual property rights to further enrich the concept of abuse of intellectual property rights; finally summed up the abuse of intellectual property rights dangers, pointed out that the abuse of intellectual property rights requires the regulation of the anti-monopoly law. The second part focuses on the abuse of intellectual property rights under the Vision of Antimonopoly. First face general overview on the basis of the Abuse of Intellectual Property, the part of the contents of the abuse of intellectual property rights into the field of anti-trust discussions, mainly to solve three problems: antitrust regulations of the necessity of abuse of intellectual property; Anti- monopoly Rules on the feasibility of abuse; relationship between antitrust and intellectual property law. Through the above analysis, the paper concludes: abuse of intellectual property need to be adjusted by the anti-monopoly law must also be adjusted by the anti-monopoly law. The third part is mainly to solve judged according to what principles the abuse of intellectual property rights to violate the antitrust laws. Immediately preceding the second part of this section, in determining the abuse of intellectual property rights must be adjusted by the antitrust laws, to further clarify what behavior needs to be the anti-monopoly regulation. Determining principle - the antitrust laws of the two illegal per se rule and the principle of rational analysis to compare the field of intellectual property in the United States illegal determine the development of the principle of a brief review of the proposed: the illegal abuse of intellectual property to determine the principles Depending on a country's intellectual property policies, China's current intellectual property development, should apply as far as possible the rational analysis of the principle of reducing the per se rule. The fourth section describes the current status of legislation in the world's major developed countries and regions antitrust abuse of intellectual property rights. First introduced national legislation mode, and then describes the specific content of the national legislation. Introduce national legislation introducing country-specific general principles and methods of regulation, combined with the countries in recent years, the field of intellectual property anti-monopoly legislation of the latest developments and trends analysis of anti-monopoly legislation, reference to China's anti-monopoly law. The fifth part is the ideas and proposals of the abuse of intellectual property rights of China's anti-monopoly law regulation legislation. First analysis of the current development of the cause of China's intellectual property rights and intellectual property abuse problems exist in the legislation Several ideas to improve China's anti-monopoly law, and then to address these issues: First, to establish abuse of intellectual property rights in the anti-monopoly law the general principles: The second is to build a set of antitrust regulations of the abuse of intellectual property rights analysis mode; finally improve the antitrust regulations of intellectual property abuse other issues put forward their own views.

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