The Definition Of Relevant Market Of Intellectual Property Right In The Antitrust Law

Defining the relevant market is the starting point ofantitrust analysis,with thedevelopment of global technology and economic,there are more and more disputes causedby technical standardization and these disputes had gradually beenregulate by IntellectualProperty Law and Competition Law..Both in theoretical research or practical operation, thedefinition of the relevant market will have an huge influenceon the conclusion of analysingthe behavior of exercisingintellectual property rights.However, due to the complexity oftechnical standards,the conclusion ofdefining the relevant marketintechnical standards fieldis apt to cause controversy.In view of this controversy, the author analysed existing relevant market theory, andcombedthesituation of legislation and law enforcement about relevant market andtechnical standardsin recent years.Further more,on the basis of the characteristics oftechnical standards,the authoranalysed the key points for defining the relevant marketunder technical standards and proposedthe idea of "product-Standard-technology-innovation".Apart from the introduction and the conclusion, this article consists of the followingfour chapters: the: The first part introdeces the relevant marketinvolved in intellectualproperty rights.It explains clearly that the antitrust analysistowardsthe behavior ofexercising intellectual property rightsshould use dynamic analysis methods,meanwhile,it isneed to combine with the situation of each case.The first part also declares the traditionalrelevant markets and the relevant marketsunder intellectual property rightsafter "95Guide".The second part describes the issues about antitrust regulation in standardization,and analyses the key points of defining the relevant marketsunder intellectual propertyrights,additionally,this partproposes the issue how to difinine the relevant markets abouttechnical standards.The third part introduces the legislationsin United States, EuropeanUnion, Japan andChina.Itanalyzes the lack of the legislation in our country.In ordor topropose new methodto difine relevant markets abouttechnical standards,the authordescribesthe United States, the European Union and China’s recent typical cases. The fourthpart is the core part of this paper, based on the analysis of previous theoretical and practicalactivities, the author analyzes the relationship between technology standards andproductsand the relationship between technical standards and technology,and presents acomprehensive definition method.This method includes five factors(products, technology, innovation, geographic, time)and the logical order of "Product-Standard-technology-Innovation".