Intelletra Property, Sandardzation, And Antimonopoly Law

The Intel v.Shenzhen Dongjin ltd.com caused the hot dispute about Intellectual Property's standardization and utilization,which was called the first battle in the history of Intellectual Property. How to subdivide the personal rights and the public rights when the property was transformed from the personal field into public? Is it reasonable to utilize it? Are there any methods for us to judge those transformed intellectual property rights in an antimonopoly aspect? The writer tried to find a balance point to solve those problems through the discussion and study. To answer those questions above and find the cross point of intellectual property, antimonopoly, and standardization, we should be clear about the intersections between intellectual property and antimonopoly, antimonoply and standardization first. The writer analyzed the deep contradiction between intellectual property and antimonopoly, and then get the starting point and stand according to the fact that intellectual property could solve interior problems while antimonopoly could solve the exterior problems. And then we discussed under what kind of condition the existence of intellectual property could reach antimonopoly. To deal with the contradiction between intellectual property and antimonopoly, the writer suggested the rules of balanced interests and the preference of antimonopoly. Generally speaking, a standard is to unify the common things by the formulation of the rules. Although we could see the crosspoint between the standardization and antimonopoly, those enterprises that take advantage in the standardization will control the market through the "locking effect"and "channel depending". So we can see to examine its antimonoplization just in the process of formulation. The contradictions between intellectual property and standardization make it easy to form monopoly, because the intellectual property has the legal monopoly position while the standardization centralize the outgoing technologies. And the writer suggested to use the reasonable rule to solve those contradictions. From what we have analyzed above , under the global developments needs, the writer get the conclusion that we should inhale the international antimonopoly, formulate the antimonopoly rules, issue the administration guide,etc.