Abuse Of Intellectual Property Rights Of Antitrust Regulation Of The Dominant Market Position

Antitrust in the field of intellectual property rights is an important topic of antimonopoly law in the knowledge economy era, the legal system of intellectual property, since its birth is produced with the "monopoly" interdependent relationship. With the gradual development of society, intellectual property rights often is closely related to economy energy, for personal and social value are also increasingly highlighted. Intellectual property rights of natural monopoly continually been unearthed and play, in recent years, multinational companies constantly using the method of the form of intellectual property rights in our country, by refusing to license, tying, excessive pricing methods such as abuse of dominant market position to intellectual property rights, moreover is prohibited on the intellectual property involved is the effectiveness of the practice of plea limit competition and technology diffusion assignee and a third party.Intellectual property rights on the one hand to the holder of the legal benefits, on the other hand its abuse of the related problems are increasingly highlight, the holder of the intellectual property right abuse of power, not only destroy the fair competition market environment, harm the welfare of consumers, in turn, become the factors that hamper innovation and technology progress, more endanger the national industry development of our country step by step. Facing such question, the actual situation of our country is to explore in the field of intellectual property rights and antitrust cross just beginning, and further research is not system, legislation and practice are not perfect, after brewing after 13 years of "anti-monopoly law" painfully slow, and no typical cases related to intellectual property, antitrust enforcement guidelines on time is not clear. Based on this, the author put the abuse of intellectual property rights form the dominant market position as main research content, this paper discusses in four parts, First clear use of intellectual property rights form the definition standard of dominant market position, thus illustrating the dangers of the abuse of intellectual property rights market dominance, summed up the judgment of intellectual property rights of the abuse of dominant market position is common method, and based on the specific case of further discussion to the abuse of intellectual property rights of dominant market position behavior in interpretation. Secondly described by using the method of comparing the multinational and regional regulation of abuse of dominant market position behavior of intellectual property rights of judicial practice, and the fourth part through the interpretation of China’s "anti-monopoly law" in article 55, contact the abuse of intellectual property in our country the status quo of market dominance antitrust regulation. Finally proposed the author to consummates our country anti-monopoly mechanism of the abuse of intellectual property rights and legal advice. To further deepen the research on theory of anti-monopoly law, clear the necessity of intellectual property antitrust, so as to improve the rigor of the anti-monopoly law enforcement and scientific.