The Anti-monopoly Regulation On The Abuse Of The Dominant Market Position Of Intellectual Property Rights

Since the founding of the intellectual property system,it not only bears the missions of stimulating innovation,protecting human rights and protecting private property rights,but also plays an enormous role in promoting the healthy development of national economy and increasing the overall social welfare.In order to balance the benefit between private rights and public rights,the law gives the intellectual property to a legal monopoly.However,as the relevant products,services and technology playing a more and more important role in market economy,the huge economic interests behind Intellectual property began to induce certain subject implement intellectual property monopoly to seek personal interests,those intellectual property monopoly acts including patent pool,monopoly license agreement,refused to license and excessive pricing,etc.In this legal environment,this paper focuses on the problems the anti-monopoly regulation on the abuse of the dominant market position of intellectual property rights.This paper will summarize the analysis path and the existence question in the field of anti-monopoly regulation of intellectual property in our country by comparing the domestic and foreign legislation and judicial practice.This paper will also put forward some improvement opinions,so as to make a small contribution to our country's anti-monopoly regulation of intellectual property legislation and the judicial research.This article is divided into six chapters.The first chapter is the introduction,which introduces the background of this topic and the research status both at home and abroad.The following chapters are the main body of the article.The second Chapter focuses on the monopoly of intellectual property and the relationship between intellectual property rights and antitrust law.It provides legal basis and basis for the following discussion.The third chapter,according to traditional way of analysis of the anti-monopoly regulation on the abuse of the dominant market position,has discussed the definition of IP related market,the evaluating of the abuse of the dominant market position of intellectual property and several typical behaviors of the abuse of the dominant market position of intellectual property.In this part,the paper mainly introduces the methods of definition of relevant market,the way of definition of on the abuse of the dominant market position and the typical behaviors such as tying,refusal to license,price discrimination,monopoly high price.The fourth chapterexamines the antitrust legislation and judicial practice of the United States and The European Union,for the two countries and union having a more developed intellectual property anti-monopoly legislation and judicial practice,and this chapter provides reference for the following analysis of China's legal situation.The fifth chapter points out the status of anti-monopoly regulation in China,including the legislative level of regulation and law enforcement level regulation.In law enforcement level,it will see the status of China's anti-monopoly law enforcement of the dominant market position of intellectual property through the analysis of four widely concerned law intellectual property anti-monopoly cases.The last chapter analyzes its shortcomings,and gives some suggestions.The last chapter of the article will give the perfect feasibility proposal combining the status quo of China's antitrust laws and regulations and advanced experience of foreign countries.