Antitrust Approach To The Restriction Of Competition In Technology Standardization

The relationship of intellectual property and antimonopoly law is a hot issue in the theoretical study. In2008, China’s Antimonopoly Law was promulgated and implemented, and regulates the problems related to intellectual property. But the different understanding of this clause brings a major argument.The rule of law, privilege and exemption proves that the essential of exemption is statutory. This determines that the article adopts the method of statutory doctrine. Based on the method of statutory doctrine, outlining the framework of the exemption system in antimonopoly law:the existence of intellectual property rights is sure, and belongs to the type of exemption for the public authority, which exempts from the power application of law, rather than the operators’ responsibility. Antimonopoly practice should based on the conditions to the exemption, the statutory conditions is:"Accordance with therelevant intellcetual property laws and administrative regulations to exercise intellectual property rights", standards for this condition is:"abusing intellectual properory rights", standards for abusing intellectual property is "eliminate or restrict competition ".While eliminating or restricting competition depends on the specific indicators and methods. Whose embodide in the guidelines for the application of the antimonopoly law of intellectual property rights. OvervIEwing the antimonopoly of the United States, Europe, and Japan, all have promulgated the relevant guidelines. Therefore, it is necessry and important to formulate China’s antimonopoly guidelines for applying of intellectual property rights based on the framework of statutory exemption.