Intellectual Property And The Prohibition Of Abuse Of Dominant Market Position System Research

Since entering the twentieth century, the value of intellectual property rights is adding more and more values to individuals and societies, and is also associated with greater economic power and economic control. In this context, due to its inherent characteristics of "monopoly", the value of intellectual property as an economic tool for monopoly has been discovered, explored and utilized. There is thus interaction between the two once clearly differentiated legal departments - intellectual property rights and antitrust. As there are differences between the two legislations in terms of the legislative intent and value tropism, it is common to find all kinds of conflict in the judicial process– judgments of similar cases might be various depending upon different preferences of the judges, resulting some confusion in the area of judiciary. After nearly a century of exploration, the United States and the European Union as the representative of the countries and regions with long-standing experience, have finally formed a relatively complete system and become a role model for countries around the world in terms of legislations and case studies.Antitrust legislation is a still fresh concept in China as all relevant systems are just being formed, the study of the intersection between intellectual property and antitrust research is considered even more in the "frontier." The reality is, however, that monopoly in the area of intellectual property has become the main and most likely form of monopoly in the Chinese market, the situation is becoming especially worse when large enterprises are trying to abuse the use of intellectual property to gain market dominance. In response to this situation, we must accelerate the level of research and exploration in this area, which also implies the purpose of this article.There are four chapters in this paper. The first chapter comes from the relationship between antitrust and intellectual property, with a view to clarifying the basic concepts and common confusion between the two legislations, and thus laying the foundation for later discussions. The second chapter focuses on a number of "general principles " issues regarding intellectual property and how to prohibit abusive use of market dominant position in the system: what is the fundamental relationship between intellectual property and the prohibition of abusive use of market dominant position; how to define dominant market position involving intellectual property; how to determine when the exercise of intellectual property rights might become a logical line in terms of abusing market dominant position; each of these issues will be discussed in a comprehensive manner. The third chapter is to analyze typical behaviors of making use of intellectual property to abuse market dominance, such as joint sales, denial of permission, value discrimination, accordingly; and to describe the characteristics relating to each of these behaviors. Finally, based on the analysis of China's current market and legal status, as well as the understanding from the previous chapters, the author of this paper is proposing some suggestions and ideas on future legislative process.Following a short summary, this paper is gradually expanding the logic of thinking. As the main point for discussion, this paper is trying to understand and analyze antitrust regulation, using the knowledge on the abusive use of intellectual property rights to gain market dominance. Hopefully the paper is able to making some contribution into relevant areas of study for China.