Antitrust Regulation Of Intellectual Property Dominant Market Power

Intellectual property is aimed at enhancing the legal system of the public interest of the whole society and has generated the relation of depending on each other with "monopoly" since its birth. In market-oriented economy, there is at the same the consistency in objective, and the conflict in implementation process existing between intellectual property protection and anti-monopoly law.As "monopolistic" intellectual property brings statutory benefits to the right holder, it may also be abused by the holder. In recent years, transnational corporations manipulate skilled intellectual property strategies again and again in our country. By tie-in sale, license refusal, price discrimination, excessive pricing and other means, they abuse the market dominant position of their intellectual property to confine transferee’s and third parties’competition and technology diffusion and repel and restrict free market competition, which endangers the industrial development of our country and harm consumers’ overall interests at the same time. However, Anti-Monopoly Law was promulgated rather late, and there are only55articles targeting at the regulations on intellectual property, rather short in number. Though the guide on the enforcement of anti-monopoly law relating to intellectual property has been studied to the fifth draft, the time when it can come out officially is still unclear.The author takes the regulations by anti-monopoly law on the market dominant position of intellectual property as the research contents. The author expects to promote the refining of the theoretical study of anti-monopoly law in the aspect of the market dominant position of intellectual property; track and master the newest international legislation and juridical practice on the issue; and thus gives some proposals for the perfection of the regulations by anti-monopoly law on the market dominant position of intellectual property in our country.The paper expound s in five chapters:Chapter I introduces the current situation of the regulations by anti-monopoly law on the market dominant position of intellectual property in our country by means of the relation between intellectual property law and anti-monopoly law, and the problems existing in the regulations by anti-monopoly law on the market dominant position of intellectual property in our country; Chapter II analyzes and defines the market dominant position of intellectual property, which emphatically introduces the reasons for the forming of the market dominant position of intellectual property and the defining of the market dominant position of intellectual property, expecting to be able to lay a theoretical foundation for the analysis in the paper through the introduction in these two aspects; Chapter Ⅲ expounds the overseas investigation into the regulations by anti-monopoly law on the market dominant position of intellectual property through the brief introduction of the regulation legislation and regulation practice in the field of anti-monopoly concerning intellectual property in the US, the EU and Japan, which provide reference for the regulations by anti-monopoly law on the market dominant position of intellectual property in our country; Chapter IV further clarifies the difference and relation between market dominant position and the abuse of intellectual property rights by using the comparison between the abuse of intellectual property rights and the regulations by anti-monopoly law on the market dominant position of intellectual property; Chapter V presents proposals on improving the legislation regulations of our country from such aspects as legislation method, relevant market definition, the criteria for identifying the abuse of market dominant position of intellectual property, and the suggestions on formulating guide for enforcing laws on intellectual property.