"Intellectual property" Shanghai 2011 December, a total of twelfth period

This paper/Chen Dong

2011Years11Month,Tongji University law school established the center property research and competition law knowledge. In the center was founded, we have the honor of interviewed Dr. center director Zhang Weijun, learned about center.

Reporter.Intellectual property rights and competition law what is the relationship? Why should we study the relationship between the two? 

Zhang WeiJun:We saidCompetition law, in our country mainly refers to the "anti-monopoly law". Some countries called "anti competition law", "antitrust law" etc.. It's easy to intellectual property rights and the inherent monopoly and anti monopoly law to link. But the intellectual property and the inherent monopoly and competition law in the monopoly is not a meaning. Ownership of intellectual property does not imply the existence of monopoly, but when the intellectual property rights in the exercise of the right to produce or may produce if limit market competition consequences, we need competition law to regulate, regulate the abuse of intellectual property right which we often speak of the anti monopoly law. Therefore, there is close relationship between intellectual property law and competition law, intellectual property law and competition law research can not, said only half the problem research. Therefore, to study the relationship between intellectual property and competition law, make clear the competition law to regulate the exercise of intellectual property rights, have important theoretical research value and practical application value.

Reporter:What is the research target center?

Zhang WeiJun:Our country has established a relatively perfect legal system of intellectual property rights, has introduced the anti monopoly law. However, due to the implementation of the anti-monopoly law has just started, both the level of legal norms, and legal practice, our jurisprudence and legal practitioners to exercise and how to use the anti monopoly law regulation of intellectual property rights, the lack of comprehensive knowledge and rich experience, can be said to also need a large number of law. Crossover study we set focus on intellectual property and Competition Law Center in intellectual property law and competition law, to promote the healthy development of the intellectual property system, perfection of our anti-monopoly law, rather than a separate competition to study law, nor to intellectual property law research. In a word, our research themes is the cross field of intellectual property law and competition law. The overall purpose of intellectual property law and competition law, the two law is consistent, all is in order to promote competition, but when the abuse of intellectual property rights, namely the emergence of monopoly, opposite to the intellectual property rights system purpose, so we need competition law to adjustment, our goal is how competition law research and the anti monopoly policy will be conducive to the healthy development of the intellectual property system.

Reporter:Research Center of the Is it right? To practical work and the actual case to provide services?

Zhang WeiJun:Intellectual property court at different levels in our country has begun to accept the antitrust case. The antitrust case years ago involving intellectual property rights have also appeared, along with the implementation of anti monopoly unceasingly thorough, certainly this kind of case will gradually increase in the future. OurResearch is sure to link theory with practice, to improve the related system of our country, help to solve the actual case or event.

Reporter:The size of how research center?

Zhang WeiJun:The center was founded, a large extent also is only a plan, need a lot of manpower, material resources. But we set many teachers of Tongji University School of law of intellectual property law and anti monopoly law. Study of many teachers have long focused on this field, such as Dean Dan Xiaoguang our published in Germany on the issue of technology transfer of Monographs on antitrust issues involving intellectual property rights; I have been concerned about this issue in the field of;Deputy director of research center Zhang Taolve teacher also has focused on patent pool, a tying arrangement, open source software, open innovation problem. In third the patent law and the detailed rules for the implementation of the revision process, we conducted research on compulsory license system for the abuse of patent right, our research results won the two prize in the national intellectual property of soft science research results, related research results were absorbed by the legislation. Therefore research center can be said to be a good basis for further study. Although difficult, but we are trying to do.

Reporter:What is the future research center construction goal?

Zhang WeiJun:Our centerThe goal is to become the domestic constructionIntellectual property rights and competition lawA study on the base of the cross field. We will strive for the annual publication of the "intellectual property rights and competition law review", the first episode of editing and publishing has already started, for the second half of this year, the German max-planck-institut former director Joseph.Strauss will serve as the series consultant. As for how we as a center, or the spirit of work steadily, do research, do what little one can to help for this area of study, experts and professors and around the country together, promoteCross the field of intellectual property and competition lawResearch on influence of jurisprudence, the study in the further.