Antitrust Law's Regulation Of IPR Holder's Refusal-to-Deal In New Economy

In general, the intellectual property holder's refusal-to-deal does not conflict with social public interests, so it should receive the respect and protection of the law. Antitrust law can't deny intellectual property holder has the right to obtain the exclusive commercial interest on the basis of his intellectual property, Intellectual property rights, however, do not confer a privilege to violate the antitrust laws. In new economic era, due to the existing extensively of network effects, some of the intellectual property hold's may creates an anti-competitive situation, and then damage social public interests, the refusal-to-deal may violate antitrust laws, which should be restricted by the antitrust laws. The CISCO Technology Inc. Huawei Technology Inc and the delay of WAPI plan brought on enormous impact to China antitrust in IP field, which were caused by IP holders" abuse of dominant position to refuse deal. All these cases may be restricted by the antitrust laws in America and in EC, but our country can't sanction these kind of abuse behavior even though loses enormously, because China lacks relevant laws. Therefore, it's very essential and urgent to legislate the antitrust system in the IPR field to restrict t kind of abuse behavior in China. The Thesis has four sections. The first and second section mainly expatiate the theoretical foundation of IP holder refusal-to-deal that may violate the antitrust laws, through analyze the confliction and the coordination between IPR and antitrust in new economy. The third and fourth section mainly discuss how to restrict the IP holders" abuse of dominant position to refuse deal by analyze the relevant typical cases of the world in details based on dividing the IP holder refusal-to-deal into two kinds, which involved Essential Facility or not. Then I make the suggestion to construction of relevant theories and judicial practices of our country.