A Study On Intellectual Property Rights Remedies In Merger Control

Throughout human economic history,concentration of undertakings and intellectual property rights are the important driving force of economic development.However,both concentration of undertakings and intellectual property rights have two-sided effects for the market competition.On the one hand,concentration of undertakings will help expand the scale of production,improve efficiency,and optimize the industrial structure.On the other hand,it may also exclude,restrict competition and harm the interests of consumers.Instead of simpy forbidding or permitting concentration caused by competition concerns,Most of competition law enforcement authority corrects concentration of undertakings and eliminates competition damage,which can realize interests of concentration of undertakings and maintain effective competition.As a result,it gets better economic effect than simply prohibiting or allowing centralized.As a kind of legal monopoly right,Intellectual property rights can promote innovation and market competition in essence.But as a kind of private rights,intellectual property rights may produce inconsistent deviation in the exercise,and even cause substantial damage to the market competition.As a result,it led to the application of antimonopoly law in the field of intellectual property.Although there is complementary function between intellectual property law and antimonopoly law,there are still some differences.The application of antimonopo Ly law in the field of intellectual property still can't avoid conflicts,especially in the specific enfrocement level.Merger remedies itself is a very complicated problem.It is a more sensitive and complicated problem if involving intellectual property rights and intellectual property rights remedies in merger control.Merger remedies are a relatively new research field in both China and the West.It is because that before the "Hart-Scott-Rodino Antitrust Improvements Act(1976)" is passed in Congress of the United States,there is no need to notify in advance.Then system of notice in advance is followed by most countries and regions in the world.Under the impetus of the practice,Merger remedies become a hot spot in research.But until now,the research on intellectual property rights remedies is still very rare.Intellectual property rights remedies are mentioned only with a principled representation in published research reports of European and American competition law enforcement agencies and international organizations.In the western academic area,the term of intellectual property rights remedies is seldom used in study.Relative research on the problem of intellectual property rights and Merger remediesis often appears in the research of innovation competition.The research undergoes a late start in China.The first work on merger remedies was first published in 2011.But the book and subsequent research seldom discuss intellectual property rights remedies,and it is not involve for many important issues of intellectual property rights remedies.The purpose of this thesis is to study the problem of intellectual property rights remedies in merger control systematically,and to give some ideas for the improvement of legislation and law enforcement.Based on this purpose,through the method of comparative study,literature analysis,case study and economic analysis,this thesis discusses the following questions : the legal basis for intellectual property rights remedies in merger control;competition damage involving intellectual property rights and analytical framework;the implementation of risk and the security system of intellectual property rights remedies;suggestions for legislation and enforcement of intellectual property rights remedies.Firstly,this thesis discusses the legal principle of intellectual property rights remedies in merger control.Through the definition of related concepts,it is clarified the meaning for restrictions conditions in concentration in China's legislation.Based on analysis of the general theory of antitrust law application in the field of intellectual property rights and innovation competition theory in the west,it is discussed for the theory of intellectual property rights remedies in the merger control.Secondly,this thesis discusses the applicable prerequisite of intellectual property remedies in the merger control.Through introduction and review of the economic analysis paradigm of competitive harm,the paper discusses the anti competition effect on the intellectual property rights,and the acceptable defense,which deepens our understanding of the framework of competitive harm analysis.The existing analytical framework is further improved.Thirdly,this thesis focuses on intellectual property remedies in the merger control.Concrete intellectual property rights remedies is discussed and classic case is analyzed which help to understand the concrete remedies.Then,the thesis discusses how to chose concrete intellectual property rights remedies in empirical case.Fourthly,through the analysis of risk factors,this thesis discusses the safeguard mechanism of intellectual property rights remedies.It also makes a comparative study of the legislation and enforcement differences between the United States and the European Union,which gives us a better understanding of this difference.Finally,on the basis of the previous research,this thesis analyzes and evaluates the legislation and enforcement of the intellectual property remedies in China,and gives some suggestions on how to improve enforcement.The “Intellectual Property and merger Enforcement Guidelines” is the highlight of the thesis,which is expected to provide some ideas for intellectual property remedies enforcement.