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知识经济时代要求加强对知识产权的保护,但经济全球化又要求打破各种制约因素,包括知识产权给商品、技术自由流动带来的限制。由此形成了知识产权与反垄断法之间扩张与反扩张,制约与反制约的关系。知识产权是一种由国家赋予的合法垄断权,这种垄断性权利会产生限制竞争的效果,与反垄断法促进“竞争”的目标相悖,因而,知识产权与反垄断法之间天然的存在矛盾。本文通过分析,阐明了知识产权法和反垄断法之间的使用关系。
In the era of knowledge-based economy, the protection of intellectual property rights is required to be strengthened. However, economic globalization requires breaking the constraints of various constraints, including the restrictions imposed by intellectual property on the free movement of goods and technologies. As a result, the relationship between expansion and anti-expansion, restriction and anti-restriction between intellectual property and antitrust laws has been formed. Intellectual property is a legal monopoly granted by the state. Such monopoly rights will have the effect of restricting competition, contrary to the objective of promoting “competition” by the anti-monopoly law. Therefore, the relationship between intellectual property and anti-monopoly law The existence of contradictions. This article analyzes the use of the relationship between intellectual property law and antitrust law.