知识产权垄断与反垄断立法

入世以来,西方跨国公司知识产权垄断行为已经给我国民族经济带来了严重的冲击,美日等发达国家的知识产权拥有者,利用他们在知识产权领域里的优势,把知识产权作为垄断手段限制竞争对手的现象日趋严重。而从我国现有的法律来看,虽然有些条款可以用来对知识产权的垄断行为进行限制,但是由于可操作性不强。效果并不理想。因此,我国应该联系世界发达国家和立法状况以及我国目前的实际情况,尽早制定出在知识产权领域中的反垄断法。

Monopolization of Intellectual Property Right and Law Against It

Since China's entry of WTO, Our country's economy has been seriously shocked by the western multinational corporations' monopolization of intellectual property right including United States and other developed countries. The owners of the intellectual property right utilize their advance in property right as the monopolizing means to limit the development of their competitors. And this phenomenon is becoming more and more severe .Our existing law does have some clauses that could limit the western monopolization in theory. However they are not so effective in practice. Therefore, our country should consider both the situation of developed countries' legislation and our own's, and legislate the law against western monopolization of intellectual property right as coon as possible.