Dissertation
Dissertation > Political, legal > Legal > Chinese law > China and France > Intellectual property rights

Intellectual Property Abuse and Legal Regulation

Author ZhangKe
Tutor XuJunHua
School Huazhong University of Science and Technology
Course Legal
Keywords Abuse of intellectual property Legal Regulation Intellectual Property Law Anti-monopoly law TRIPS Agreement
CLC D923.4
Type Master's thesis
Year 2011
Downloads 67
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With the rapid development of China's economy and trade, technology trade status in the entire trade economy has become increasingly prominent. On the one hand, multinational companies to use its knowledge and technology advantages, foreign trade and frequent abuse of intellectual property rights, to monopolize the market, squeezing out competitors. On the other hand, our intellectual property legislation is still in its infancy, the legal regulation of intellectual property abuse is still not perfect. How to prevent the abuse of domestic and international intellectual property rights, maintenance of China's foreign trade and the legitimate rights and interests, has become one of the problems in the field of intellectual property research. This article breakthrough simple from antitrust laws angles of the abuse of intellectual property rights regulation. Relevant provisions of international legislation on intellectual property rights by examining the TRIPS Agreement, to learn from the major developed countries, regulatory abuse of intellectual property legislation, put forward some suggestions for the building of China's regulation of intellectual property abuse of the legal system. This article consists of the following parts: the first part, the general scope of the abuse of intellectual property. This section explains the definition and criteria for the abuse of intellectual property, to analyze the performance of the abuse of intellectual property in the form, the negative effects of the abuse of intellectual property and the need to regulate it. The second part, the regulation of intellectual property abuse related to domestic legislation. This part of the investigation and analysis of the legal system of the United States, Japan regulation of intellectual property abuse, summed up the abuse of intellectual property rights legislative experience. The third part, the regulation of the relevant international law of intellectual property abuse. This part of the investigation and analysis of the European Union and other international organizations regulation of intellectual property abuse of the legal system, summed up the general attitude of the international legislation on intellectual property rights abuse. The fourth part of China's regulation of intellectual property abuse of the legal system to build and perfect. This section analyzes the current Legislation of the abuse of intellectual property rights shortcomings, put forward some suggestions for the abuse of the legal regulation of intellectual property in China construction. This article aims to actual departure from the development of intellectual property in China, following the spirit of the TRIPS Agreement and other intellectual property rights of international law, drawing on major national regulatory abuse of intellectual property law, intellectual property abuse encountered in the field of China's domestic and international economic issues, and put forward a more comprehensive Legal advice: to improve our regulation of intellectual property abuse of the legal system to comprehensively regulate the abuse of intellectual property rights in the economic and trade; clear abuse of intellectual property liability and remedies, effective sanctions against IPR abuse and relief damaged interests; improvement of intellectual property rights enforcement procedures, to ensure that the abuse of intellectual property regulation law is implemented, the protection of China's economic and trade interests.

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