自《国家知识产权战略纲要》提出以来,我国更加重视知识产权事业,知识产权拥有量快速增长,其效益也日渐显现。但是在国内外市场上,都存在着利用知识产权排除竞争的行为。本文就以此问题为研究对象,探讨了专利排他性与限制竞争间的关系与利用知识产权限制竞争的常见形态两个问题,并从学理上分析了保护知识产权与反垄断之间具有的一致性与矛盾性。 Since the “Outline of National Intellectual Property Strategy” was put forward, our country has paid more attention to the cause of intellectual property and the rapid growth of the ownership of intellectual property has increasingly shown its benefits. However, in both domestic and foreign markets, there is a practice of using intellectual property rights to exclude competition. This article takes this issue as the research object, explores the relationship between patent exclusivity and restriction competition, and the common forms of restricting competition by using intellectual property. It also analyzes the consistency between the protection of intellectual property and antitrust And contradictory.