The purpose of intellectual property rights and anti-monopoly law is the same, that is, to promote competition and encourage innovation, improve economic efficiency and increase social welfare. Intellectual property and anti-monopoly law achieve the above goals in different ways: intellectual property improves the efficiency of enterprises and the welfare of consumers through the incentive mechanism for innovation and invention; Anti-monopoly law promotes competition by opposing restrictions on competition.
2. There is a potential conflict between intellectual property rights and antitrust.
The exercise of intellectual property rights inevitably has an impact on market competition. Like general property rights, it is inevitably restricted by the anti-monopoly law because of the possibility of restricting competition.
Extended data
The criteria for determining a monopoly agreement include:
First, there is a written or oral agreement or decision;
Second, there are other coordinated behaviors. It depends on whether the market behaviors of two or more parties are consistent, whether they have had contact or information exchange, and can give a reasonable explanation for the consistent behaviors. At the same time, we should observe the structure, competition and market changes of relevant markets.
Third, there is no exemption from the requirements. For example, improve technology, develop new products, improve product quality and reduce costs.