Research On The Identification Of Intellectual Property Monopoly Action

It is an indisputable fact that the identification of the monopolistic behavior of intellectual property is different from the general commercial monopoly.However,the relevant regulations have some defects.The relevant provisions of the "anti-monopoly law","on the abuse of intellectual property rights to eliminate or restrict competition provisions",that work can not solve the problem of intellectual property monopoly.The identification of the main factors,identification of subject,identification object,identification procedures that in the provisions,that have some defects.The identification of intellectual property monopoly behavior has a strong practical and regional characteristics.To perfect the identification,China should be based on the domestic case and learn some foreign practices.In terms of major factors,the provisions have three factors including related market factor,the relevant market competition effect factor,related monopolistic behavior of intellectual property,which have some defects in actual case operation,after empirical analysis.We should perfect related technique market in related market areas,enrich the content and types in relevant market competition effect factor,perfect the types and content in related monopolistic behavior of intellectual property.In terms of subject,we exist the problem of multi sector participation in law enforcement therefor the law enforcement is not uniform.We should construct specialized law enforcement agencies to ensure the unity of the identification.In terms of the object,its types and content is not complete,we should perfect its types and content.In terms of identification procedure,it is prone to effective doctrine theory which is difficult to operate for our country,we should construct a new kind of procedure that based on the formalism and give consideration to effective doctrine theory.