the Exercise of Intellectual Property Rights and the Abuse of Monopoly Power

• Main Authors: Lai An-Kuo, 賴安國
• Other Authors: He Jhih-mai
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/54068640667334555363

碩士 === 國立臺北大學 === 法學系 === 92 === Competition law and intellectual property law are both laws that encourage innovation and customers’ welfare. Only that the edgy relationship between these two ought not to be neglected. Whenever conflicts occur between protection of innovative motivation and competition order, regulating with competition law would be necessary. As all regards, the considering factors in the regulation have to be left judged by the case facts, and seeking a proper standard through categorizing the cases.Therefore, in reference of the documents in the U.S. and EU and personal experience at work, this article focus on the experience on regulating monopoly power and make an thorough inquiry into the relationship between abuse of monopoly power and the exercise of intellectual property through research into the real law cases. This dissertation contains six chapters. Chapter 1, preface, focuses on the motivation, purpose, and frame. Chapter 2, the relationship between intellectual property law and competition law briefly depicts the relationship between competition law and intellectual property law and these two are complimentary regulations toward the same object in an edgy way. Chapter 3, abuse of monopoly power under American law and the exercise of intellectual property rights, probe into the cases that American law involving intellectual property rights, which illustrate the mutating attitude of the American courts and Federal Trade Commission and investigate the perspectives of the courts and scholars in regard to the abuse of intellectual property rights dividing into unproper use of intellectual property rights, predatory innovation, not disclosure and unproper disclosure information about new products, refusal to deal intellectual property rights. Chapter 4, abuse of dominant position under EU competition law and the exercise of intellectual property rights, explain the interaction between EU competition policy and intellectual property rights. Then analyze Article 82 of the EC Treaty and investigate the perspectives of EU executive committee, Euro court and scholars in regard to the abuse of intellectual property right dividing into monopoly pricing, Tie-in、refusal to deal intellectual property rights. Chapter 5, regulation of monopoly under our nation and the exercise of intellectual property rights, goes back to the law of our nation. It focuses on the analysis of the cases concerning regulation of monopoly under our nation involving intellectual property rights. Thus, seeking a solution to the local issues in relevance through the experience of the EU and U.S. Chapter 6, Conclusion, sum up the arguments in the previous chapters to be the conclusion of this dissertation.