By Lin Ping, Lv Wei　

Date: 2003/07/10

Abstract： 　　

The protection of intellectual property is a double-edge sward that could with its positive side propels technological progress whereas with its negative side could lead to technological monopoly, impede technological progress and harm consumers' interests. Therefore, it is necessary to formulate relevant laws to restrain the monopoly from random using intellectual property. While emphasizing the protection of innovators' interests, the "Intellectual Property Agreement Related to Trade" of WTO pointed out explicitly that the members should take necessary measures to avoid the random using of intellectual property protection to weaken competition and impede the international transfer of technology. The European countries, the United States and Japan have formulated anti-monopoly law for intellectual property protection. As a developing country, China should, within the framework of WTO, draw on international experiences and strengthen the anti-monopoly measures for intellectual property protection in order to prevent foreign enterprises from random using intellectual property and monopolizing the market.