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后TRIPs时代,我国知识产权保护水平已与世界先进国家标准接轨;但我国自主创新比例却相当低,知识产权已经成为国外知识产权权利人进入中国后封闭市场、排挤竞争对手的工具。一国的知识产权反垄断立法价值取向应当与其具体的国内外经济政治环境相适应,反映其“本土性”、“时代性”的特点。作为拥有知识霸权的发达国家,已放松了对知识产权反垄断的规制,持有利于知识产权人的立场;他们的立场与技术落后的发展中国家截然不同。我国在知识产权反垄断立法过程中,当务之急不是去寻求国外的立法技术移植;而是从战略高度确定知识产权反垄断的立法价值取向,即以社会公益为本位,强化反垄断规制。
In the post-TRIPs era, the level of intellectual property protection in our country has been in line with the world’s advanced national standards. However, the proportion of independent innovation in China is quite low. Intellectual property has become a tool for foreign intellectual property owners to close their markets and crowd their competitors after entering into China. The value orientation of a country’s antitrust intellectual property intellectual property should be adapted to its specific domestic and international economic and political environments and reflect the characteristics of its “local ” and “age ”. As a developed country with intellectual hegemony, the regulatory antitrust on intellectual property has been relaxed and its position favorable to intellectual property holders has been relaxed. Their positions are very different from those in technologically backward developing countries. In the process of China’s antitrust legislation of intellectual property, it is imperative not to seek the transplantation of legislative technology from abroad. Instead, we should determine the legislative value orientation of antitrust of intellectual property from a strategic perspective, that is, take social welfare as the standard and strengthen antitrust regulation.