On Illegal Tying Behavior Of The Patentee’s Anti-monopoly Law Regulation

"Tying is not necessarily illegal" in the anti-monopoly law, illegal tying behavior is action of the offenses of abuse of market dominance which prohibited by law. Illegal tying of the patentee is that patentee violated the patents relative or the consumer’s willingness to sell two or more products or bundled products, the behavior Of some patents relative or consumers who want to get the products or technology which they want to buy so that they must purchased the products which thy do not need。Start from the focus of the "De Xian v. SONY case", analyzed the elements of the patent holders who dose the illegal tying and dangers of illegal tying which patent holders dose in tying theory. Then come up with the relevant idea, in order to solve the problem of illegal tying in the patentee reality.The first chapter of this paper, summarized background of the selected topic、the research significance、research contents、concentration and the research status of both at home and abroad。 The second chapter firstly described "De Xian v. Sony " case, and analyzed the law focus of the case that the attention cared.The third chapter introduces the necessity of regulating illegal tying of patentee. The fourth chapter of this paper, the author analyzed judgment standard of the behavior of illegal tying of patent holder,and used foreign advanced theory for reference and combined with the situation of our country in order to explore the analysis principle of the illegal tying of patent holder in our country.In the fifth chapter, in order to better improve anti-monopoly law in our country that regulates the problems of illegal tying, this paper puts forward imputation system of the illegal tying of patent holder in the anti-monopoly law and intellectual property, regulate the illegal tying of patent holder from civih criminal and administrative responsibility to solve problem.