The boundary between proper use and misuse of patent right is a difficult problem in theory and practice. China and Taiwan (Chinese Taipei or the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu) , as the members of WTO, have some fundamental provisions on misuse of intellectual property in their competition law. This article fixes on the logos basis studies the scope of control and the yardstick of judgement for misuse of patent right regulated in competition law through analysing and comparing the related laws across the strait. And then the thesis specializes and compares the discrimination, the vertical restriction, the grant-back clauses or the patent accumulation, the patent pool, the Cross-licensing and the no-challenge clauses in the use of patent right. It gives some suggestions to perfect the competition laws across the straits.