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Antitrust Issues of intellectual property rights abuse

Author: WangJiaQiang
Tutor: ChenNaiWei
School: Fudan University
Course: Legal
Keywords: Intellectual property rights Abuse Antitrust
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 333
Quote: 2
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Abstract


Intellectual property rights in the national economic and social development is becoming more and more important in the context of economic globalization . In China, with the promulgation of the basic antitrust laws , the complex relationship between intellectual property and antitrust laws and caused the attention of the legal community , in the face of Western multinationals monopolistic behavior of intensified intellectual property , restrict intellectual property the absence of abuse of the legal system makes our country are faced with a very unfavorable situation from the enterprise to the consumer . Based on this, to strengthen the study of antitrust issues in the field of intellectual property , are of great significance both in theory and in practice . This paper is divided into four parts : the first part leads this paper we argue from the Microsoft antitrust case in the United States and the European Union are the problem , while a revelation brought the case to us , including in the field of intellectual property abuse involved anti- necessary coordination between the monopoly issues and intellectual property rights and antitrust ; the second part , from the theoretical level, the relationship between intellectual property and antitrust law were discussed in detail and the abuse of intellectual property rights and antitrust laws may regulation conduct more detailed analysis and definition ; part III , first introduced to the abuse of intellectual property rights in international treaties regulating the legal basis , then were introduced to the United States , European Union and Japan , Taiwan, China antitrust laws in the field of intellectual property regime legislative experience , a valuable reference material for later anti - monopoly legislation to limit the abuse of intellectual property mode ; part IV , the first starting from the analysis of the the antitrust status quo of the field of intellectual property in China , pointed out that China must improve China's intellectual property as soon as possible anti- monopoly of the legal system , followed by the antitrust laws to limit the guiding ideology of the abuse of intellectual property elaborate . , and then to go into effect in August 2008 , the People's Republic of China anti-monopoly law, \Finally , the application of antitrust legislation and limit the abuse of intellectual property in China put forward their own suggestions .

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