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随着知识产权法律制度的不断完善,知识产权保护的力度在不断加大,滥用知识产权的行为在中国也时有发生,借此实施的排除、限制竞争行为也日益突出,中国通过《反垄断法》规制滥用知识产权行为是一个必然的选择。目前,中国在反垄断民事诉讼和行政执法中都已经出现了这样的案件,而且其调查和处理都受到了国内外的广泛关注。为提高执法的透明度,也有助于相关经营者正确地行使知识产权,反垄断执法机构已经出台了相关的行政规章,并正在研究起草《关于滥用知识产权的反垄断指南》。
With the continuous improvement of the legal system of intellectual property rights, the protection of intellectual property rights is constantly increasing, and the abuse of intellectual property rights also occurs from time to time in China. Therefore, the elimination of such laws and the restriction of competition have become increasingly prominent. The adoption of “anti-monopoly Law ”to regulate the abuse of intellectual property is an inevitable choice. At present, China has already witnessed such cases in the antitrust civil litigation and administrative law enforcement, and its investigation and handling have drawn wide attention both at home and abroad. To enhance the transparency of law enforcement, but also help the relevant operators to properly exercise intellectual property rights, antitrust law enforcement agencies have issued relevant administrative regulations and are studying the drafting of the “Anti-monopoly Guide on Abuse of Intellectual Property Rights.”