The market competition problem based on the fusion of three elements generated by platforms,algorithms,and data involves not only the acquisition and exercise of digital intellectual property rights,but also the anti-monopoly review in the field of digital economy.The latter shows a legal pattern of regulating"platform economy+digital intellectual property rights",and its applicable laws and administrative regulations mainly include the Anti-monopoly Law,the Anti-monopoly Guidelines on the Field of Intellectual Property Rights and the Anti-monopoly Guidelines for the Platform Economy Field.The anti-monopoly review in the above-mentioned fields has many considerations such as law,economy,and technology.Law enforcement agencies should be guided by"Law+Regulations"and combine the characteristics of platform economy and digital intellectual property to construct an analytical framework.Anti-monopoly law enforcement cases in China are divided into administrative penalty cases and judicial judgment cases,which exhibit different characteristics of anti-monopoly law enforcement from traditional economic fields.Based on the present and facing the future,in the field of"platform economy+digital intellectual property",it is necessary to uphold a"positive,inclusive and prudent"law enforcement stance,adopt a regulatory model that combines post-regulation and pre-regulation,and implement comprehensive governance centered on anti-monopoly supervision.
关键词
平台经济/数字知识产权/法律适用/实证分析
Key words
platform economy/digital intellectual property/application of law/empirical analysis
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