On the Relation of Exercising of Patent Rights and Antimonopoly Law/ de la Relation Entre L'exercice Du Droit de Propriete Industrielle Et la Loi Antitrust (Report‪)‬

1. INTRODUCTION As patent is a monopolistic right, the complex relation of the exercising of patent rights and antimonopoly law arises while antimonopoly law aims to cast blow on monopoly. Patent law consists with antimonopoly law on the purpose and function which aims to promote innovation and advance consumers' welfare. Nevertheless, patent law also conflicts with antimonopoly law latently on the game and balance of individual interests and public interests. These conflicts virtually reveal the contradiction between the private interests of patent law and the social interests of antimonopoly law. In light of this duality, it is stipulated according to Article 64, Antimonopoly law of P.R of the China (Draft for examining), "operator who exercises legal rights in accordance with the rule of Copyrights Law of the P.R of China, Trademark Law of the P.R of China, Patent Law of the P.R of China is free from restriction, any behavior which breaching any of these laws or abuse of intellectual property shall be restricted accordingly." All this actually indicates the attitude of antimonopoly law towards intellectual property: one is the exemption of justifiable exercise of intellectual property, the other is regulation and administration on abuse of intellectual property.