EU Antitrust Refusal To License Intellectual Property Regulation

The implementation of antitrust regulation in the field of intellectual property is achallenging task, facing a series of complex problems. As a legislation paradigm,European Union antitrust regulation plays an important role in development of theantitrust laws in the countries all over the world. The provisions of the antitrust law in ourcountry in this respect are too principle, therefore, the research of European Unionantitrust regulation in the field of intellectual property is particularly important.This article researches the regulations of EU on intellectual property rights holder’srefusals to deal which is on the basis of foreign legislative experience, in the perspectiveof case. Then, the article focuses on how EU in the judicial practice applies the unitycommunity competition rules to regulate the intellectual property owner who using themarket dominant position to refuse giving license by empirical analysis method. Throughthe historical analysis of the EU legislation and judicial practice, will having a morerational understanding about the development of its legislation. Through searching therelated EU cases and making comparison, will having a more comprehensive perceptualcognition about the antitrust regulation of intellectual property rights holder’s refusals todeal. From the perspective of history, in a sense beyond the legal norms in a particularperiod to observe and analyze the developing competition law, in order to grasp the fullview of the EU antitrust regulation about intellectual property rights to refuse permission.The formations of laws and regulations and operational norms in EU on antitrustissues in the field of intellectual property, having important significance to the same issuesin our country. Through searching and analyzing the related EU cases, will have a morecomprehensive understanding about the present situation of the regulation of intellectualproperty rights holder’s refusals to deal. What’s more, through a review of the legislationsituation and rationally analyzing the deep reason, which can provide a mentality to solvethe present problem on applicable basis of Chinese antitrust regulation. Through thedialectical analysis of the practice of the EU, the author concluded that the existenceregulation unable to apply the defects of the new situation, and then put forwardsuggestions to modify the antitrust law in China, formulate related guidelines, makeprivate litigation system.