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在互联网的助力下,知识产权作为知识经济资源极易引发市场垄断的属性更加凸显,而专利在知识产权中排他性尤为突出,专利的标准化可能会导致市场的垄断化。文章通过一个经典案例对专利法和反垄断法的深层关系进行分析,专利并不直接导致垄断,作为一种合法垄断权,存在着被滥用的可能,在界定时必须排除专利为欺诈所得,是否真正占领市场等因素综合考量。
With the help of Internet, intellectual property as a resource of knowledge economy can easily lead to the monopoly of the market even more prominently. And the patent exclusivity is particularly prominent in intellectual property. The standardization of patents may lead to the monopolization of the market. The article analyzes the deep relationship between patent law and antitrust law through a classic case. Patent does not directly lead to monopoly. As a kind of legal monopoly power, there is the possibility of being abused. When the definition is made, the patent must be excluded as fraud income. The real occupation of the market and other factors comprehensive consideration.