Antitrust Law Regulation On Refusal-to-deal Of Intellectual Property Rights

This paper starts with the refusal to deal of the intellectual property rights in the field of intellectual property rights, analyzing the special mode of application in the field of antitrust law. First of all, it reflects that the intellectual property right of refusal to deal is very easy to form industry barriers which usually restricting competition in the relevant market; secondly, there exists necessities and advantages for the regulations of monopoly law to be applied to the field of intellectual property; thirdly, this article focuses on the analysis of the historical development of European and American countries on refuse to deal with the attitude of law enforcement in the field of intellectual property rights, Fourthly from the angle of China,it is Chinese law in antitrust of intellectual property field that may develop and the challenge will encounter. This article is divided into five parts:The first part of the "Overview on the refusal to deal of intellectual property rights" of this paper mainly discusses the identification of refusal-to-deal under antitrust law and the description of its features, then, it is presented that the special forms of refusal to deal which is in the confusion with tying selling in the general practice to show the difficulty and necessary for antitrust law performing in intellectual property area, and putting forward the corresponding regulatory requirements;The second part of "the reason foundation of the antitrust law's operation in the field of intellectual property right presents why it works by detailed analysis on the current status of the relevant market of intellectual property rights, by clearing the limited boundaries of "legal monopoly" to reflecting the intellectual property market can not be fully competitive, presenting the strong specialist of the proprietary intellectual property, and going through the earliest case that reflects the consistency of purpose IPR and Antimonopoly Law.The third part of "the antitrust law in the special restrictions" describes the special limits of antitrust law while being applied in the field of intellectual property rights, the traditional concepts of the relevant market, the dominant position in market and the degree of restriction of competition in the intellectual property rights field separately differs because of the influence of downstream products, the weak importance of market share and antitrust exemption;The fourth part of "the antitrust regulation of intellectual property right in Europe and America shows different tendencies for enforcement of the antitrust law of different political background of Europe and America, where discussing the lever theory for the definition of the market, whether the principle of subjective intention should be applied and the principle of necessary facilities;The fifth part of" development and challenges in China" analyzes experience to learn during the reasonable introduction of antitrust law, It is recommended that our legislation in this area should concern on the reasonable protection of intellectual property and put emphasis on the protection on market competition, through special legislative skills. What's more, how to maintain fair and effective implementation in the environment of legal uncertainty, like doctrine of international comity is the challenge China will meet and also an opportunity for China to improve herself.Conclusion looks back the whole article and put forward the further reflection on the analysis of this topic. Firstly, on the basis of the situation of our country suffering from huge regional difference, it is advisable for China to learn from Europe Union. Secondly, we should learn the objective of foreign states upon on their practice in legislation. Thirdly, we should regard the new area as a new stage to communicate to the world, in which way improve ourselves both in legislation and in market reform as well.