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Intellectual property rights holders refuse to license the Antitrust Regulation

Author: QiuQiFeng
Tutor: ZhangJianWei
School: Fudan University
Course: Legal
Keywords: Monopoly Intellectual Property Refusal-to-License Abuse Relevant Market Legislation Proposal
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 50
Quote: 0
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Abstract


In general, the intellectual property holder’s refusal-to-deal does not conflict with social public interests, so it should receive the respect and protection of the law. Antitrust law can’t deny intellectual property holder has the right to obtain the exclusive commercial interest on the basis of his intellectual property, Intellectual property rights, however, do not confer a privilege to violate the antitrust laws. In new economic era, due to the existing extensively of network effects, some of the intellectual property hold’s may creates an anti-competitive situation, and then damage social public interests, the refusal-to-deal may violate antitrust laws, which should be restricted by the antitrust laws.The CISCO Technology Inc. Huawei Technology Inc brought on enormous impact to China antitrust in IP field, which were caused by IP holders abuse of dominant position to refuse deal. All these cases may be restricted by the antitrust laws in America and in EU, but our country can’t sanction these kind of abuse behavior even though loses enormously, because China lacks relevant laws. Therefore, it’s very essential and urgent to legislate the antitrust system in the IPR field to restrict kind of abuse behavior in China. The Thesis has four chapters. The first chapter introduces some basic concepts, and second chapter compares US and EU legal practice on refuse-to-license of IPRs. The third chapter analyzes the reasonableness and limitation of introducing the "Essential facilities doctrine". The fourth chapter makes some suggestion to construction of relevant theories and judicial practices of our country.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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