Study On The Refusal Of Permission In Intellectual Property Right From Anti-Monopoly Law Perspecti1ve

Market economy is economy of orderly competition, it's under the government's macro-control, free and orderly competition is the premise for normal operation of market– oriented economy. Currently, economic competition is more and more characterized as knowledge and technology competition. Those who own the intellectual property will have the predominance in market competition.Intellectual property right-holders artificially erect technology and market barriers through patent right and "private agreement", refuse to grant the authority to other operators, to prevent other operators from entering the relevant market, this seriously damage the normal market competition order, and do harm to the consumer' interests.To carry out antimonopoly regulation for authority refusal of Intellectual property suggests that economic law not only protect fairness and justice in form, also really reflects fairness, impartiality in content. One of the basic aims of Antimonopoly law is to make best use of competition system by restricting monopolization and promoting orderly competition .The Protection of intellectual property and restriction upon intellectual property abusive behavior is the gaming between principle of freedom of contract of civil law and economic democracy principle of economic law , it's the balance of Innovating Mechanisms and the Competition Mechanism, also the balance of intellectual property laws and antimonopoly law.Structurally, this dissertation analyzes from the following four aspects: The first part of the dissertation: Raise the questions: to bring about questions based on the low competition problem with some of industries in china (especially the High-tech industries), so as to analyze the necessity of implementing antimonopoly regulation for authority refusal of Intellectual property, then make analysis from legal principle, especially to find a balance between conflicts of intellectual property law and antimonopoly regulation.Secondly, to define the monopolization of authority refusal of intellectual property, and deeply analyzes the relative factors that contribute to monopoly result from authority refusal of intellectual property, especially the standard and method for defining determination of ascendancy of market, factors of identification of the relevant market, introduction of key equipments to intellectual property, etc.Thirdly, based on the corresponding regulations of European Community and the United States, analyzes relative cases, to offer valuable reference for the related perfection of guides and maneuverability of law enforcement in China.Fourthly, reviews relative regulations for IPR protection and regulations in china at first, then, based on the theory and judicial practice mentioned in the first three parts, from respect of principle and criterion separately, proposedadvice on making relative guidelines about the Intellectual Property Abuse of market power , to regulate action of authority refusal for limiting competition .Lastly, propose relative responsibility suggestion for completion regulation.