On Legal Control of Monopoly of Technology Standard

Under the condition of knowledge economy,intellectual property has got the chance to expand and reinforce.Combined with technology standard,it has brought about increasingly harmful effects on market competition,thus there is an urgent need for anti-monopoly law to regulate it.But the current anti-trust laws which originated and developed from the age of industrial economy have no specific rules respecting technology standard monopoly.So they are hardly applicable to regulate technology standard monopoly.Although China promulgated The Anti-monopoly Law in August,2007 which proclaims that the Technology Standard monopoly should be regulated by this law,the problem of how to regulate it still remains unsolved.Therefore,constructing a controlling rule system in anti-monopoly law in order to regulate technology standard monopoly is an important way to deal with the issue.The system rules can be outlined as two parts.The first part stipulates a specific obligation for the owner of intellectual property related to the technology standard.The second part stipulates the inspection and punishment measures for the monopoly behavior in making and implementing the technology standard.