intellectual property rights by the antitrust law. Author tries to do some theoretic study and discussion on this problem in this text, in the hope of offering some clues and suggestions to the legislation and practice of antitrust law.
This text uses comparative analytic method, historical analytic method, and case analytic method to carry on introspection and discussion on the mentioned problem above. This text divides three parts to present the problem:
The firs part includes the first to the third chapter. The first chapter generally analyses the basic theoretic problems of antitrust law. First, author introduces the conception of monopoly and antirust law. Then, author analyses the nature, the character, the history, the development trend, the restricting object of antitrust law. The second chapter analyses the related problem of abuse of intellectual property rights. First, author introduce the case of European Union charging Microsoft monopoly and comment the problem of abuse of intellectual property rights involved in this case. Then author analyses the conception, the constitution, the causes, the forms of the abuse of intellectual property rights. The third chapter analyses the relation of antitrust law and intellectual property rights on the base of the two chapters before. Author points out that there is not only consistency but also conflicts. At the same time, author presents the necessity of restricting the abuse of intellectual property rights in the use of antitrust law.
The second part is the fourth chapter. Author mainly introduces the restriction of antirust law restricting abuse of intellectual property rights in America, European Union, Japan, and so on. Author also presents the developments of antitrust law in some countries and enumerates the advanced statutes and practical experiences of antitrust law in some countries. At the same times, author presents the rule of antitrust law restricting abuse of intellectual property rights in the main international treaties and conventions, in the hope of offering use for reference to our country’s legislation and practice of antitrust law restricting abuse of intellectual property rights.
The third part is the fifth chapter. It is the highlights of the dissertation. On the base of the part before, first author summarizes the revelation of the related legislation and practice of main countries and international treaties for our country. Then authors put forward some advice for our country’s legislation and p
