Why antitrust laws arise in intellectual property

The relationship between anti-monopoly law and intellectual property law needs to be judged on a case-by-case basis.

Anti-monopoly prohibits market monopoly and restricts competition, and the Intellectual Property Law of the People's Republic of China confers exclusive rights on rights holders and prohibits damage to rights holders.

However, the Intellectual Property Law of the People's Republic of China stipulates that the monopoly of rights is not the goal, and the real significance of the legislation is to promote people to carry out intellectual activities and compete and create more intellectual achievements through the granting of monopoly rights for intellectual achievements, so the ultimate value of the Intellectual Property Law is still to promote competition, which is the same as the Anti-Monopoly Law. However, intellectual property mainly uses the methods of private law - the protection of individual rights as the starting point and the end point - to express concern for the value of competition, while the anti-monopoly is to intervene and adjust the competitive relations existing in the field of private law by means of public law.

Since the intellectual property chain itself is a kind of monopoly power, the anti-monopoly treatment of intellectual property rights generally recognizes the monopoly position of the intellectual property rights holder, but recognizes the illegal behavior of the right holder to unduly expand the scope of the monopoly right, or further seek an illegal monopoly or advantageous competitive position by virtue of a legal monopoly, as well as the competitive behavior that does not restrict the exercise of rights.

Legal basis] Intellectual Property Law of the People's Republic of China

Article 5 Goods that must be registered as required by the state must apply for trademark registration, and shall not be sold in the market without approval for registration. Article 17 Where an application for registration of a trademark does not conform to the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by another person on the same or similar goods, the Trademark Office shall reject the application and shall not publish it. Article 18 Where two or more applicants apply for registration with identical or similar trademarks on the same kind of goods or similar goods, the trademark for which the application was made shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made.

Scope of application of the Anti-Monopoly Law: monopolistic behaviors in economic activities within the territory of China; Monopolistic conduct outside the territory of our country has an impact on the competition in the domestic market; Monopolistic conduct includes the concentration of undertakings that have or may have the effect of eliminating or restricting competition.

Monopolistic behaviors include: 1. Undertakings enter into monopoly agreements; 2. Abuse of market dominance by business operators; 3. Concentrations of undertakings that have or may have the effect of eliminating or restricting competition.

Article 3 of the Anti-Monopoly Law states that the monopolistic acts stipulated in this law include: (1) business operators entering into monopoly agreements; (2) Undertakings abusing their dominant market position; (3) Undertakings that have or may have the effect of eliminating or restricting competition.