2004•Unpublished venueRequires access

Anti-competition Behaviors in the Field of Intellectual Property and Legal Controlling against Them

Jun Ho Yang

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Abstract

The enactment and enforcement of intellectual property can promote competition and restrict it unavoidably. The protection system of intellectual property is to promote competition to the greatest degree based on the restriction of competition. Anti-competition behaviors in the field of intellectual property exist and can be divided into two parts: one may be controlled by law, another can be tolerated. Intellectual property law itself shall control anti-competition behaviors, which are caused by misusing intellectual property, the basic principles of civil law as well as competition law.

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What this paper is about

The enactment and enforcement of intellectual property can promote competition and restrict it unavoidably. The protection system of intellectual property is to promote competition to the greatest degree based on the restriction of competition. Anti-competition behaviors in the field of intellectual property exist and can be divided into two parts: one may be controlled by law, another can be tolerated. Intellectual property law itself shall control anti-competition behaviors, which are caused by misusing intellectual property, the basic principles of civil law as well as competition law.

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Available abstract

The enactment and enforcement of intellectual property can promote competition and restrict it unavoidably. The protection system of intellectual property is to promote competition to the greatest degree based on the restriction of competition. Anti-competition behaviors in the field of intellectual property exist and can be divided into two parts: one may be controlled by law, another can be tolerated. Intellectual property law itself shall control anti-competition behaviors, which are caused by misusing intellectual property, the basic principles of civil law as well as competition law.

Key concepts: Intellectual property, Enforcement, Competition (biology), Competition law, Law and economics, Property (philosophy), Business, Field (mathematics)

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