The Impact Of Patent On Defining Dominant Position

To understand the impact of patent on defining dominant position is one of the important problems in the process of antitrust and promoting competition. For this purpose, this paper organizes the law and regulation about patents and the way to define dominant position in mainland of China. Comparison and analysis of U.S. and EU cases and legislation are played on this base and the categorization of the role of patent in defining dominant position is preliminary presented. According to the categorization, the key points on which patent impact the defining of dominant position have been analyzed on the perspective of jurisprudence.This paper is composed by four main parts. The first chapter clarifies the regulation and law about identifying dominant position in mainland of China and indicates the importance of the subject of this paper; the second one set forth the legislations and cases about the role of patent on defining dominant position in US and EU; chapter3further analysis some elements which should be considered during the process about defining dominant on the base of chapter2; and the last chapter points out the shortage of concept of this paper’s subject in Chinese mainland for giving some advices.