2009Journal of Changchun UniversityRequires access

On the application of Anti-monopoly Law in intellectual property domain

Yunhua Liu

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Abstract

Intellectual property is a double-edged sword.In the knowledge economy times,intellectual property plays an important role in promoting economic development and social progress,but there are problems of abusing intellectual property.Anti-monopoly Law,as the basic law of modern market economy,has affirmed the exclusive right nature of monopoly property in the intellectual property,at the same time,it has restricted the abuse behaviors beyond rational limit of knowledge property right so as to achieve the maximization of social and public interests.However,the overly sense of principle is destined to have a long way to go.

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Intellectual property is a double-edged sword.In the knowledge economy times,intellectual property plays an important role in promoting economic development and social progress,but there are problems of abusing intellectual property.Anti-monopoly Law,as the basic law of modern market economy,has affirmed the exclusive right nature of monopoly property in the intellectual property,at the same time,it has restricted the abuse behaviors beyond rational limit of knowledge property right so as to achieve the maximization of social and public interests.However,the overly sense of principle is destined to have a long way to go.

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Available abstract

Intellectual property is a double-edged sword.In the knowledge economy times,intellectual property plays an important role in promoting economic development and social progress,but there are problems of abusing intellectual property.Anti-monopoly Law,as the basic law of modern market economy,has affirmed the exclusive right nature of monopoly property in the intellectual property,at the same time,it has restricted the abuse behaviors beyond rational limit of knowledge property right so as to achieve the maximization of social and public interests.However,the overly sense of principle is destined to have a long way to go.

Key concepts: Monopoly, Intellectual property, SWORD, Law and economics, Intangible property, Property (philosophy), Public domain, Economics

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