Study And Solutions Of The Control Of Downstream Market By Intellectual Property

With the competition based on innovation become more and more intense, the rapid development of technology and the better protection of intellectual property, enterprise’s development trend is vertical integration nowadays.Downstream market is a very important part of enterprise’s marketing strategy.Enterprises control the downstream-market with intellectual property is a common method today.We can know that in practice, the enterprises have their own intellectual property, make every effort to extend the role of IPRs to the downstream-market.Especially large-scale enterprises, has a large number of IP, they’ll develop detailed and comprehensive intellectual property strategy, use their patent, trademark and other IPRs to Limit competition in the downstream market, Other enterprises are strongly getting out of the control of IP. Control and anti-control, Monopoly and Antitrust between enterprises are ongoing, Related litigation is not uncommon.Europe and U.S.’s market economy, Laws and IP systems have developed for a long time and have many cases about these.Through the Court’s judicial practice and scholars’theoretical research, produced a number of legal system and relevant theory.This article will describes and analyzes the typical cases, explain how to use IP control of the downstream market, combination of theory and practice from Europe and U.S., discussion of enterprises in the downstream market to combat these control.China is lack of practice and theory in this area, our legislation is not completed too.Enterprise control the downstream market through IPRs can only acton monopolistic behavior by Antitrust laws provisions and other relevant provisions of Laws to regulate, and no specific legislation.How to deal with enterprises control the downstream market with IPRs by existing laws and regulations, this article will also discuss the problem.