The Research On The IP-related Markets Definition In The Antitrust Scrutiny

In recent years, with the emergence and development of new economic model, knowledge and technology has become the main powers of economic and social development. At the same time, Microsoft antitrust case, Cisco v. Huawei and other major intellectual property cases have occurred frequently, and attracted widespread attention, the antitrust study of intellectual property rights is imminent. How to protect intellectual property rights, at the same time, avoid the abuse of intellectual property rights, has been the current hot issue in the field of intellectual property antitrust. And correctly define the relevant market is the key and the basis of antitrust scrutiny. At present, there are less legal documents and economic analysis of the relevant market definition in the field of intellectual property. So, the Study of market definition in the field of intellectual property rights is of great significance for the future anti-monopoly censorship in China. This paper was triggered by the first antitrust case of intellectual property-Huawei v. United States IDC, analyzes the applicability of the traditional market definition methods in the field of intellectual property, analyzes the market definition of standard patent technology from the perspective of technology market, as an exploration in practice.Intellectual property has different characteristics from traditional products, using traditional method to analyze these cases is not accurate enough, thus we need to define the relevant market in the field of intellectual property in-depth. First, from the characteristics of intellectual property, intellectual property has the following characteristics:Invisibility, exclusiveness, timeliness and characteristics of quasi-public goods. These aspects of the characteristics of intellectual property rights have led the market definition of intellectual property rights different form the traditional product market. Secondly, analysis the three markets of intellectual property:product markets, technology markets and innovation markets, discusses the applicability and difficulty of the traditional definition method in this fields, And it also combed the methods and features of the relevant market definition in the judicial practice of intellectual property in European and American. Through the research:the traditional method of relevant market definition is not complete failure, can still be used in market definition of intellectual property, just pay attention to the existence of differences; In the standard essential patents market, using technology market definition method is more scientific and accurate. By using the method of technology market definition in the Huawei v. IDC case, it is concluded that:every necessary standard patent for equipment manufacturers is irreplaceability, can independently constitute commodity market for the case.