知识产权是一种排他性的民事权利,知识产权也和其他民事权利一样,有被滥用的可能。综合国内立法现状我们可以看出,从实体法到程序法都有反知识产权滥用适用的主要法律原则及条款,但从整体上看可操作性不强。而从美国、欧盟的立法来看,都针对知识产权与反垄断法的关系制定了具有可操作性很强的规制。我国应针对可操作性和具体性并结合现实情况建立规制体系。 Intellectual property is an exclusive civil right, and intellectual property, like other civil rights, may be abused. Based on the status quo of domestic legislation, we can see that there are major legal principles and provisions applicable to the abuse of intellectual property, from substantive law to procedural law. However, they are generally not operable. However, judging from the legislation of the United States and the EU, all have formulated highly operable regulations on the relationship between intellectual property rights and antitrust laws. Our country should set up the regulation system in view of the maneuverability and concreteness and the reality.