Research On The Technology Standard Monopoly Effect

Technology Standard was a creation for the satisfaction of technology innovation and development. By reducing the disorder and randomness of technology development, and overcoming the inevitable problem of patent thicket effect of technology development under the influence of intellectual property systems, Technology Standard increases compatibility, helps to achieve a better allotment of resources, reduces innovation costs and risks, and promotes innovation drives on the market, all of which make Technology Standard a significance in this ear of Knowledge Economy. Taken as a whole, Technology Standard is in the interests of technical innovation and competitions on the market.In the process of development, however, Technology Standard has been gradually becoming an instrument for anti-competition purposes due to the protection effect of intellectual property rights systems and the influence of Network and Lock-in effect. Under this situation, Technology Standard is straying from its original intention and begins to show its effects of monopoly. People have long been working for solutions ever since the frequent happening Technology Standard Monopoly Effect cases had alerted them to do such endeavor. Former researches, with the hope of seeking a solution within the existing anti-monopoly law system, usually simplified the problem to intellectual property rights abuse or market power abuse cases. But the traditional anti-monopoly law systems was given birth in the ear of industry economy, it is limited or even behind the development of the new ear of Knowledge Economy, thus is limited in providing solutions for the problem of Technology Standard Monopoly Effect. The Essential Facilities Doctrine, however, is able to unbound the limits of the traditional anti-monopoly law systems to meet the needs of anti-monopoly practices in the new ear of new economy, it is also capable in building a smooth connection with the existing systems for its history of being created out from the existing systems, these make Essential Facilities Doctrine a better choice concerning the efforts of seeking a solution.This article extends analysis towards the problem of Technology Standard Monopoly Effect from the aspect of Essential Facilities Doctrine, further discusses the possibility of applying this doctrine within China's existing anti-monopoly law systems, and put forth legislature suggestions. Article 55 of the"Anti-monopoly Law of People's Republic of China"has mentioned its jurisdiction over the intellectual property rights abuse activities. But this article is a principle that is too general and lack of necessary practicing guidance. Meanwhile, the list of the law about monopoly conducts is not helpful for a effective regulation of technology standard monopoly. China is taking off in the development of technology, facing a vast opportunity of the global Knowledge Economy, but also confronting the challenges brought about by Technology Standard Monopoly Effect both home and abroad. Seeking a solution for China through the aspect of Essential Facilities Doctrine is the direct drive of this article.This article has parts as foreword, keywords explanation, five chapters of main body and epilogue. The total amount of characters of this article is 56,162.The foreword is a general summary of the purpose and significance of this article, pointing out the main contents of this article.The keyword explanation gives simple explanations for the concepts of Essential Facilities Doctrine, Patent Pooling, New Economy, Network Effect, Lock-in Effect. Chapter one carries out its simple analysis of the forms of Technology Standard Monopoly Effect with real cases as an introduction. This chapter focuses on a observation on this problem from a general and overall view. It also analyses the causes of the Technology Standard Monopoly Effect under the background of Knowledge Economy, reviling the monopoly nature of the Technology Standard and the limits of the traditional anti-monopoly law systems.Chapter two is analysis of the thearatical framework for the porpuse of applying the Essential Facilities Doctrine. This chapter concludes the general conditions for the application of the doctrine and also endavours to discuss the thearatical disagreement on this doctrine. This chapter gives light to the basis of application of the doctrine to the regulation of Technology Standard Monopoly Effect, and further points out the general strategy of applying the doctrine to modify the current anti-monopoly law system.Chapter three is about the construction of the Disclosure System. This chapter carries out research on the relating bodies of the system, as well as its contents, liability system and the arrangement of the Ex ante and Ex post Disclosure system.Chapter four concerns the construction of the Censorship System. This chapter carries out research on the arrangement of the Ex ante and Ex post Censorship System.Chapter five discusses the construction of Intellectual Porperty Restriction System in the technology standard organization. This chapter carries out research on the arrangement of the Restriction System after having proofed the necessity of the application of the Essential Facilities Doctrine on this issue.