知识产权拒绝交易反垄断规制的难点及对策

Abstract

Market competition under the conditions of knowledge-based economy will be mainly expand with intellectual property rights so that the intellectual property refusal deals become an important means of intellectual property rights to prevent competitors from entering the market; The network effects in the network industry suddenly expanded the endangerment of the practices of one who owns the intellectual property and refuses to deal on competition. Therefore, there is an urgent need for anti-monopoly law to regulate those behavior mentioned above. However, the relationship between intellectual property rights and antitrust laws is complicated,which, under the antitrust regulation for the refusal deals of intellectual property,lead to a number of important and difficult issues, such as the refusal deals antitrust regulation "reasonable limits" of intellectual property rights is difficult to grasp, and the uncertainty of whether specific intellectual property refusal deal behavior breaks the law or not. There are some limitations to the "critical facilities" theory applies to the owner of intellectual property refusal deals, which makes the intellectual property refusal deals and antitrust regulation extremely difficult. These difficult issues can make efforts in the following aspects: take a different principle of treatment to the intellectual property rights refusal deals between traditional economy and new economic industry; provide the rules of specialanti-monopoly obligation for the owner of intellectual property rights based on the internet and communication products; establish the multiple influencing factors and the new system regulations should be considered when judging the competitive harm to the intellectual property rights refusal deals.