Abusing A Dominant Market Position Of The Relevant Judicial Determination

With the restructuring and development of China's market economy, will upgrade the patent war broke out in the technical standards, the judiciary as to maintain the order of competition last line of defense, carrying a huge social responsibility, slightly biased imbalance will lead to the entire order. Abuse of dominant market position for the relevant antitrust litigation cases, antitrust and intellectual property cases cross together, which in many countries are also suffering from the controversial field.In this paper, the case as the starting point, as defined in the case surrounding the issue of the relevant product market, whether related to Company A Company A dominant market position and whether the abuse of a dominant market position three related disputes focus on the needs identified by the case, the patent can be defined Alternatively, the relevant market dominance and other controversial issues were analyzed, we considered a company has a dominant market position and abuse related to the relevant market dominance. Company B and Company A judgment in the case reflects the strengthening of the protection of judicial policy.This paper argues that judicial practice, domestic legislation should be improved, the experience of other countries in handling the case of abuse of market dominance conclusion, in order to guide people's standard essential patent rights and related negotiations. This causes the potential donor and the goodwill of the patent proprietor regarded more time and resources devoted to innovation in the past, rather than litigation, for those who can also act as a deterrent offender.