Anti-monopoly Regulation Against Abuse Of Intellectual Property Rights

Anti-monopoly law regulation against abuse of intellectual property is currently an important academic study subject. And the relationship between intellectual property law and anti-monopoly law need to focus at first. On the basis of a comparative study of the United States and European Union anti-monopoly law, we can conclude that intellectual property rights and the anti-monopoly law have the same goal, both of them can promote competition, encourage innovation and increase consumer welfare finally. The monopoly of intellectual property rights differs from the monopoly in the anti-monopoly law, which will be subject to anti-monopoly law only when it excludes or restricts competition. And what anti-monopoly law regulates the abuse of intellectual property rights is just abuse of market dominant power, but not all abuse of intellectual property rights in Intellectual Property law. However, due to exclusive properties, rights holders can reject anyone to use. So the intellectual property rights differ from the tangible products in the general analysis of anti-monopoly against abuse of intellectual property rights, which has specialties in the identification of dominant position, monopolize, abuse and defense, etc. In the identification of the dominant position, it may need to analyze relevant technology market and innovation market, besides the analysis to relevant product market and relevant geographical market. In those industries which involve intellectual property rights, especially the new industries that highly depend on intellectual property rights, the acquirement and maintaining of market position of the company do not need to have huge market share, but it can use the intellectual property rights per se to gain the market power, and exclude or restrict competition thereby. In the definition of abuse, different types of abuse of intellectual property correspond with different elements, defense, exclusive method and effects of competition, etc.To prevent intellectual property has also been provided in article 55 in Anti-monopoly law of our country, though it is imperfect. Laws cannot change anytime. Therefore, it is necessary to draw up the guidelines to make it enforce easily, and provide complex legal and economic analysis for various types of abuse of intellectual property rights.