The relevant legal norms from the above point of view, although they involved Intellectual property rights The exercise of acts done some direct or indirect restrictions, but these provisions are very fragmented, incomplete, unclear, not specifically from the perspective of preventing the abuse of intellectual property rights to make rules; the majority of existing legal norms applicable to the foreign economic Trading Activities, and not generally applicable to the Chinese market, the exercise of acts of intellectual property, so its very limited scope; from the content point of view, it also needs to be common practice in the world at present updated and perfect.
Present, China has no clear regulation of the exercise of acts of intellectual property " Antitrust Law ", Also led to the present does not exist in China, the corresponding administrative law enforcement and judicial practice, similar Microsoft , Cisco And DVD Alliance patentee of intellectual property rights abuse in China still can not be effective monopoly regulation.
Order to achieve Competition Request on behalf of the wider interests of society more important, China has continued to strengthen intellectual property protection, but also abuse of intellectual property should be to rule them. But now, people are more concerned about the previous problems, while the latter issue also seriously enough. Based on this, the urgent need to promptly establish and improve regulation of intellectual property rights abuse in China antitrust law system, give full play to intellectual property rights in the legal system to encourage innovation and promote scientific and technological progress of the positive role of the city and to prevent the abuse of intellectual property rights to maintain a free and fair economic competition order.
The "anti-monopoly law," the exercise of intellectual property regulation act to protect the interests of Chinese enterprises is significant. Trend of economic globalization is bound to be more Chinese enterprises to the market, they may encounter in the domestic market monopoly of multinational enterprises do nothing, and their behavior in foreign markets are subject to strict Competition Law problems. For example, earlier this year, some U.S. Pharmacy Enterprises in China 4 pharmaceutical companies in the United States filed an antitrust lawsuit accusing the Chinese companies in the U.S. market on price cartel. Can be expected, as more and more Chinese enterprises enter the international market, Chinese enterprises in foreign countries have been accused of anti-monopoly situation will be more. Therefore, whether for the maintenance of domestic order, or free and fair competition in international economic exchanges in safeguarding their own interests, China should be established as soon as possible "anti-monopoly law." The core is to balance and handle competition in intellectual property protection and maintenance of the conflict between the ultimate goal of full respect for and protection of intellectual property rights, encourage innovation and play Excitation The role of competition, but also effectively prevent illegal monopoly by improper use (ie abuse), so on behalf of the interests of society as a whole will not be free and fair competition order of destruction; both the full protection of market competition, but also realistic and reasonable for the time being take care to limit competition business needs, a reasonable balance of intellectual property transactions, the parties (developers, producers, consumers, etc.) interests, in order to promote China's scientific and cultural innovation and the parallel development of economic competition.
Specialized intellectual property law in the regulation of intellectual property rights abuse in the sound system, to further clarify, refine the terms of the abuse of intellectual property, which makes the related intellectual property rights infringement proceedings for the alleged infringer to provide a clear defense based on, or to the right people can be counter-claim, or even be prosecuted separately. This also requires our country, "Patent Law," "Trademark Law", "Copyright Law" and other specialized intellectual property law further modified, or other supporting measures. For example, should further improve our procedures for intellectual property litigation related to the legal system, clear that abuse complaint against compensation; in intellectual property cases should be taken provisional measures before litigation, scrutiny, careful decisions; improve the institute confirmed that the provisions of such non-infringement lawsuit .
In addition, to effectively safeguard the authority of our laws, to be taken seriously TNC Intellectual property dispute resolution and political trend.
As intellectual property rights are private rights, in essence, is a civil right, then the intellectual property dispute resolution, like other civil rights, are primarily to the court through the trial process carried out. Related Intellectual Property Rights in China Laws and regulations After recent amendments, has been full compliance with WTO rules, the minimum requirements, in some ways even more than that can provide effective intellectual property legal relief channel.
However, some multinational companies and Chinese enterprises in intellectual property disputes occur, often by virtue of its strong bargaining power directly to the Chinese government or by their home governments to pressure the Chinese government to meet their special benefit The purpose of treatment, so that would could also go through legal channels, in accordance with strict legal procedures to resolve political. The Chinese Government has always considered positive for a variety of administrative resources to address the use of foreign-related intellectual property disputes. Tasted the sweetness of the multinational corporations, the more value this way, and attract more multinational companies to make the same choice. Moreover, under WTO rules, the MFN principle, a country our government to give preferential treatment for enterprises in this regard should also be automatically and unconditionally to other WTO Organization Members of the business. This is both an expression of some multinational companies in China to protect intellectual property rights and the rule of law framework for the establishment of disrespect and distrust, often the interests of the enterprises in China causing undue damage.
Is therefore recommended that our government should be treated with a number of multinational corporations will solve the political disputes of intellectual property rights of the tendency to be guided in accordance with our existing law, to follow strict legal procedures to solve problems, in particular, be careful not to as being a political Pressure The expense of the legitimate interests of Chinese enterprises. Access to the judicial process for foreign-related intellectual property disputes, our courts must strictly in accordance with Chinese laws and relevant international rules, rule out all kinds of interference imposed by foreign parties, according to a just ruling, effectively protect the legitimate rights and interests of Chinese enterprises. Which claims the rights for the source of the right to conduct a strict review of the situation, to prevent the use of intellectual property claims on behalf of persons engaged in unfair competition.