从知识产权滥用看我国反垄断立法的完善

Seen From the misuse of the Intellectual Property Rights

知识产权滥用现象日益普遍,传统司法规制权利滥用的方式已明显不足。比较有关国家反垄断立法对知识产权滥用的规定,对知识产权滥用传统规制方式存在的缺陷进行分析,从而论证反垄断法规制知识产权滥用的可行性,探索我国反垄断立法对知识产权滥用的法律规制问题,创设更为有效的反垄断法律制度是当务之急。

With the misuse of the intellectual property rights becomes universal day by day, the restrictive way to the right＇s misuse of the traditional civil law is insufficient obviously. We should compare with the regulation of the misuse of the intellectual property rights in the Anti-Monopoly Law in the relative countries, and analyze defects of the traditional restrictive way of the intellectual property rights;so that we can demonstrate the feasibility of that the misuse of the intellectual property rights can be regulated by the Anti-Monopoly Law. It is very imperative that regulating misuse of the intellectual property rights through the Anti-Monopoly Law should be explored and the more effective system of anti-monopoly should be established.