The Application Of The Essential Facility Doctrine On The Field Of Tntellectual Property Rights In The Anti-Trust Law

The Anti-trust Law is known as the "Economic Constitution", its aims at encouraging and promoting the effective competition. On the era of knowledge economy, some undertakings exclude or limit competition by their own intellectual property advantage, and this damage the development of the market. It's very urgent and necessary for the Anti-monopoly law to rule such abuse of intellectual property rights.Essential facilities doctrine derives from the 1912 U.S. v. Terminal Railroad Association of St. Louis, after that, the EU and the United States gradually develop and improve this doctrine in the application of other cases. For the specificity of the intellectual property as a tangible property, the application of the essential facility doctrine on the Intellectual Property rights field is more complex. So we need to research of the application of Essential Facilities Doctrine in the field of intellectual property, in order to approach the right balance between the protection of private rights and the maintenance of a free competition.State Administration for Industry & Commerce of P.R.C issued a number of administrative regulations have been identified Essential Facilities Doctrine on the legislative level. Due to the urgent needs of China's economic development, it's an important issue that how to apply the Essential Facilities Doctrine in the field of intellectual property properly. Base on that, we will protect intellectual property rights and promote free competition in the market economy. Then we will protect the innovation of both the intellectual technology and the healthy development of the market economy.