知识产权中的反垄断立法比较

Compare the Intellectual Property Rights with the Anti-monopoly Law

知识产权与反垄断法之间存在着复杂的关系,反垄断法对知识产权的滥用进行限制,在维护自由公平竞争的同时,也使知识产权法律制度得到正确的实施。当前国际社会的几种知识产权中的反垄断立法各具特色,基于现实需要,我国应当出台一部全面、系统的反垄断法,并以其为基本原则和精神,完善我国知识产权中的反垄断立法。

The intellectual property rights has a complex it. On the base of guaranteeing fair competition, relation with the anti-monopoly law, and is limited by the latter can make the former obtain the correct implementation. Among the current several kinds of intellectual property rights, the legislations of anti-monopoly law vary from country to country. Regarding our country＇s reality, this article believes that our country must bring out one comprehensive and systematic antimonopoly law, and take it as the basic principle and spirit, so as to consummate the legislation of anti-monopoly law of our country＇s intellectual property rights.