Anti-Monopoly Law Controlling Anti-Competitive Behavior Related To Intellectual Property Rights

With the background of a knowledge-based economy, the competition in the fields of science and technology becomes fiercer and fiercer throughout the globe, and intellectual achievements have become one of the greatest driving forces for economic development. The intellectual property mechanism has, therefore, attracted growing attention from all countries; the voice for protecting intellectual property rights has become louder and louder. However, the expansion of intellectual property has an inevitable impact on and even harms people's freedom of access to knowledge and information. Thus, the control of anti-competitive behavior related to intellectual property becomes the spotlight in the economic life of all countries. In China where the anti-monopoly law still in the formulating process, the control of anti-competitive behavior related to intellectual property just appears in some legal provisions and regulations. This will inevitably inhibit our market's competition and hinder China's economic development. This paper argues how we can control anti-competitive behavior related to intellectual property in an effective and efficient manner, and meanwhile we can protect the legitimate interests of intellectual property rights.This paper illustrates this topic in the following four parts:Part I: the outline of anti-competitive behavior related to intellectual property. Firstly, the definition of the anti-competitive behavior related to intellectual property is specified. Secondly, the characteristics of this behavior and the difference between the anti-competitive behavior and the abuse of intellectual property are depicted. Thirdly, the legitimacy of control of the anti-competitive behavior related to intellectual property is discussed from the perspective of philosophy of Law and economics.Part II: control models of the anti-competitive behavior related to intellectual property. Three control models are introduced: internal control of intellectual property law, control of anti-monopoly law and control of the "abuse of rights" adopted in the judicial field. Analysis in this paper shows that the best practice is the model of anti-monopoly law. And based on this, suggestions about legislation's contents, principle and structure within the scope of laws related to intellectual property rights of controlling anti-competitive behavior are put forward.Part III and Part IV: control on anti-competitive behavior with the monopolization position of abusing intellectual property rights and control on the behavior of competition restricted by agreements within the scope of intellectual property rights. This paper analyzed two forms of anti-competitive behaviors related to intellectual property rights. In addition, solutions and advices about refused permission, price discrimination, the patent pool agreement, and tying agreement, are discussed.