Seek for the Right Balance Between Antitrust Enforcement and Intellectual Property Rights
The intellectual property rights added the fuel of interest to the fire of genius. Intellectual property laws confer on owners the right to exclude others from using the owners intellectual property while antitrust laws prohibit monopolies. But this protection is not unlimited. Antitrust laws impose important restrictions to ensure that inventors are not overstepping their boundaries by restricting competition. This article tries to answer the most debated question of the day how should the laws of antitrust and intellectual property work together to achieve their common goals of promoting innovation and enhancing social welfare. In this article the conflicts and coordination between antitrust and intellectual property laws are analyzed, international agreement (TRIPs) and experiences (IP Guidelines) are studied, and their inspirations to China are summed up. The Article outlines a new paradigm governing the relationship between competition and intellectual property policies in China. One key to a competitive marketplace is striking the right balance between antitrust enforcement and permitting the robust exercise of intellectual property rights. Interests between all parties of transactions of intellectual property rights should be rationally balanced, in order to promote the harmonious development of the innovation and competition.
Innovation Intellectual Property Antitrust Laws TRIPs
WANG Liming
School of Economics, Shandong University of Technology, Zibo, Shandong, P. R. China
国际会议
The Fifth InternationalSymposium on Management of Technology(ISMOT07)(第五届技术与创新管理国际研讨会)
杭州
英文
1351-1355
2007-06-01（万方平台首次上网日期，不代表论文的发表时间）