Research On The Anti-monopoly Regulating On The Abuse Of Intellectual Property Right

Anti-monopoly law is a legal system to maintain free competition, andintellectual property is an exclusive property, so people are used to consideringintellectual property as a kind of "monopoly", which exaggerate the conflict betweenintellectual property and anti-monopoly law. Based on analysis of the relationshipbetween intellectual property and anti-monopoly law, this dissertation studies theanti-monopoly regulating on the abuse of intellectual property rights. First, thedissertation defines the meaning of "monopoly" in intellectual property which isdifferent from the "monopoly" in anti-monopoly law. It will be prohibited byanti-monopoly law only in eliminating or restricting competition. The abuse ofintellectual property is the behavior of eliminating and restricting competition by theenterprises which dominates the intellectual property rights. It’s not the extension ofprohibition of rights abuse principle in civil law. Through defining the meanings ofthe monopoly and abuse between intellectual property and anti-monopoly law, we cansee the intellectual property and anti-monopoly law are consistent on the fundamentalgoal, which is to encourage innovation, promote competition and protect consumers’benefit. But sometimes there are also some conflicts which embodied in the practiceof intellectual property rights. So anti-monopoly law focuses on whether thebehaviors disrupt the market competition mechanism and damage the consumers’benefit, rather than the dominant market position itself.The abuse behaviors of intellectual property rights regulating by anti-monopolyare mainly the behaviors of dominant position abuse in the exertion of intellectualproperty rights, and the three main manifestations are refusal to license, tyingarrangement and predatory pricing. Based on analyzing the concepts and constitutiveconditions of the three main abuse behaviors of intellectual property rights, thedissertation demonstrates the hazards of the abuse and the necessity of theanti-monopoly regulating. The United States and the European Union haveaccumulated a wealth of legislative and judicial practices and experiences in refusalto license, tying arrangement and predatory pricing, and formed their own completesystem of norms. Comparing and analyzing the efforts of the two, combined withChina’s legislative situation and problems, the dissertation proposes improvementmeasures to contribute to the better implementation of anti-monopoly law.