Application and Reflection of the Rule of Presumption of Market Dominance in the Field of Intellectual Property——Take Standard Essential Patents as an Example
The determination of market dominance is a basic and complex cognitive activity in the process of rational analysis of anti-monopoly.In order to enhance the operability and enforceability of the norm and achieve effective su-pervision of business operators,the Anti-Monopoly Law presumes the existence of a dominant market position based on market share.In the field of intellectual property,the application of the presumption of market dominance needs to grasp certain limits,and scientifically analyze market share and market entry barriers to balance innovation protection and market competition.Specifically,as far as the presumption of market dominance of SEP owners is concerned,the"necessity"presumption is not yet a substitute for the presumption of market share.Therefore,the presumption of mar-ket dominance of SEP owners still needs to return to the market share rule,taking into account the particularity of SEPs and the relevant market competition environment,supplemented by factors such as market entry barriers and buy-ers'countervailing power.
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