The Legal Regulation Of Monopoly Agreement In The Exercise Of Patent Right

In the context of the era of knowledge-based economy,intellectual property rights have a natural advantage in the market competition of enterprises,which makes operators attach particular importance to the competition in the field of patented technologies.In the course of the exercise of patent rights,when operators misuse patent rights to implement exclusions or restrict competition,it is necessary to impose anti-monopoly regulations on it.In general,the value conflict between intellectual property law and antitrust law should be properly handled from the perspective of competition order,public interest and consumer welfare.Because of the monopoly nature of the patent right,the anti-monopoly law has theoretical dilemma and practical dilemma in regulating the abuse of patent right.Analyzing the anti-monopoly regulations of operators' abuse of patent rights,it should be based on the principle of rationality and from the perspective of economics,whether the monopoly agreement in the exercise of patent rights has the effect of restricting competition.The legal basis for the antimonopoly regulation of monopoly agreements in the exercise of patent rights is to prohibit the abuse of power and comprehensively compare the antitrust regulation system in the United States and the European Union involving the abuse of patent rights.It is advocated that the principle of rationality and balance of interests should be used to confirm the illegal of The monopoly agreement in the exercise of patent rights.In order to safeguard the order of competition and improve the welfare of consumers,the monopoly nature of patent rights has been u sed to improve the exemption mechanism for monopoly agreements so as to make China's Anti-monopoly Law more operable in regulating monopoly agreements in the exercise of patent rights.