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一、知识产权行使的反垄断规制《反垄断法》问世,再度引起各界关注。部分舆论乐观地把《反垄断法》视为遏制各种知识产权滥用的万灵药。笔者则认为,知识产权与反垄断的关系在广度和深度上都有待探索。《反垄断法》颁布只是昭示研究的开始,而不是研究的结束。商标权与反垄断的关系充分说明了知识产权反垄断之命题的复杂程度。笔者认为,不加区分地把知识产权作为统一整体研究其反垄断规则是一个误区。知识产权法作为民商法领域相对独立的子部门法,调整范围包含专利权、商标权、著作权三大传统分支以及商业秘密权、植物新品种权、集成电路布图权等多种权项。各种知识产权之间虽然有很多共性,也保留各自鲜明个性。在知识产权滥用的反垄断规制的命题下,应充分针对具体权利做具体研
First, the antitrust regulation of the exercise of intellectual property “Anti-monopoly law” came out, once again aroused the attention of all walks of life. Some of the media optimistically consider the Anti-monopoly Law as a panacea to curb the abuse of various intellectual property. The author believes that the relationship between intellectual property and antitrust in both breadth and depth have yet to be explored. The promulgation of the Anti-Monopoly Law only shows the beginning of the research, not the end of the study. The relationship between trademark rights and antitrust fully demonstrates the complexity of the antitrust proposition of intellectual property. The author believes that it is a misunderstanding to study the antitrust rules without regard to the intellectual property as a unified whole. As a relatively independent sub-department law in the field of civil and commercial law, intellectual property law includes the three traditional branches of patent rights, trademark rights and copyright as well as various rights items such as commercial secrets rights, plant variety rights and integrated circuit layout rights. Although there are many commonalities between various intellectual property, but also retain their own distinct personality. Under the antitrust regulation of the abuse of intellectual property, we should make full research on specific rights