On Relationship of Intellectual Property Rights Antitrust Laws and Innovation

摘要

Antitrust laws prohibit monopolies while intellectual property laws grant legal monopolies,however, this protection is not unlimited. Antitrust laws impose important restrictions to ensure that inventors are not overstepping their boundaries by restricting competition. This article tries to answer the most debated question of the day:how should the laws of antitrust and intellectual property work together to achieve their common goals of promoting innovation and enhancing social welfare. In this article the conflicts and coordination between antitrust and intellectual property laws are analyzed, internationals agreement (TRIPs) and experiences (Guidelines) are studied, and their inspirations to China are summed up.