Study on Monopoly Control over Intellectual Property Owner Who Refuses to Transact-In the Perspective of Knowledge Economy

Under the condition of knowledge economy, the operating patterns with characteristics of knowledge economy such as increasing return to scale, networking effect, lock-in effect and etc. It can cause some serious consequence of anti-competition as the result of intellectual property owner's refusal to make a deal in some specific market. So there is a urgent need to make the anti-monopoly law to regulate it. The anti-trust laws developed in the times of industrial economy lack the specific rules respecting intellectual property owner's refusal to transact. So that every country attempts to deal with the issue by extending legal interpretation and applying analogism so as to apply the current anti-trust rules such as the theory of key facilities to deal with the issue of refusal of intellectual property transaction. But both in theory and in practice, there are some bewilderments and obstacles in law that have to be faced with. Therefore, the intellectual property monopoly has brought about a need for legal system innovation in anti-trust law. That is constructing a new legal rule system for controlling intellectual property monopoly as the result of intellectual property owner's refusal to make a transact on the basis of the current anti-trust legal system. The new rules should include: setting up an inspection system for monopoly control over intellectual property owner who refuses to transact, stipulating the specific obligations of anti-monopoly for the intellectual property owner and adoptingthe method of junction point analysis.