antimonopoly

The protection of intellectual property rights has been keep facing with a dilemma, namely: the contradiction of intellectual products between effective production and utilization. Intellectual property protection can motivate people to do innovation activities and make compensation for cost, through mechanism of driving interests. However, this mechanism costs much to society, cos the inevitable conditions of using intellectual property right to making profit is monopoly, to a certain extent which is legal, but once it was being abusly used that could hider the competition and spread of knowledge, and finally hamper innovation. Meanwhile, this intellectual property rights without effectively protected will lead to serious external economic effect, public effect, damage the holders’ benefit, then no one would like to create innovative activities. Eventually, it will hamper innovation; go against the development of society. Therefore, the intellectual property rights not only needs reasonable protection, but also require both the law of antitrust and competition to regulate properly, and we need to find a balance between them. Intellectual property protection in China started late, although developed quite rapidly but still have many shortcomings. Our antitrust law enacted in 2008 remains to be improved and lack of corresponded operation guideline of intellectual property in this field.

This paper will Judge the moderation of intellectual property protection by analyzing the protection situation of our familiar IT industry, and try to find a balance mechanism between intellectual property protection and anti-monopoly.