Legal Studies On Identification In Monopoly About Enterprises Agreement Of Patent Standardization

Abstract：As an important role in enclosure of technology, agreement of patent standardization iswidely spreading around the world. From a battle of domestic Internet TV standards to the settingof International4G standard, the trend of patent taken into standard is inevitable. The agreementof patent standardization is not only popularizing technology, but also implementing their ownpatent strategies. Enterprises take part in agreement of patent standardization have occupied themarket and obtained the technology monopoly. So they have competitive advantage in the market.Then, the monopoly about the agreement of patent standardization has emerged, especially theproblem of identification with monopoly. Domestic law encourages our enterprises and enterprisealliances to develop technical standards. But patent standardization about monopoly of patentstandardization is ambiguous. Our Antitrust Law concerns the agreement of standardization inclause of15. Theoretical analysis of supply and demand concerns identification about monopolyof agreement of patent standardization which is produced in enterprises. Then, it is known thatidentification about monopoly is not considered monopoly status and monopoly results as it’sstandards. Instead of that, the foundation of identification about monopoly is limiting andexcluding competition. Consumer welfare is the judgment to the identification of the monopoly.The subjects, procedures and standards which are resulted in identification in monopoly aboutagreement of patent standardization in enterprises are the keys of antitrust laws and regulations.