Define The Abuse Of The Dominant Market Position Of Intellectual Property In Anti-monopoly Law

Abusing the dominant market position of intellectual property is a typical manifestation of the abuse of intellectual property.Under normal market competition,the market subject with intellectual property can easily occupy a dominant position in the relevant market scope by taking advantage of the exclusive nature of intellectual property,which is the reflection of the economic value of intellectual property and beyond reproach.However,market subjects who break through the boundaries of laws and abuse this dominant position become the objects regulated by anti-monopoly laws.Because this problem belongs to the cross field of intellectual property and anti-monopoly,and there are great differences between the two in legislative purpose and value orientation,it is difficult to accurately identify it in judicial practice.In view of this,in order to clarify the boundaries between the abuse of dominant position in the intellectual property market,this paper analyzes the existing theoretical research and logical structure,and then discards the process of defying the dominant position of the abuse of intellectual property,determine the main line of this paper is the definition of revelent market—the definition of dominant marker position—the definition of abusive behaviours.This paper will analyze the typical cases by combining relevant knowledge of intellectual property,anti-monopoly and economics,and draw on the relevant anti-monopoly theory and practice abroad,finally,to sort out a set of scientific and reasonable standards and rules of definition,in order to provide some reference for defining the abuse of the dominant market position of intellectual property in anti-monopoly law.