중국 반독점법의 지식재산권 남용에 대한 규제 - 표준필수특허의 집행사례를 중심으로 -

The importance of intellectual property rights is increasing rapidly through the process of merging manufacturing and information and communication technologies in the period of the fourth industrial revolution. Reflecting this situation, major countries are responding to changing circumstances by enacting or regulating institutions and legislation related to the protection of intellectual property rights and the regulation of the abuse of intellectual property rights. China continues to enact laws and guidelines for the abuse of intellectual property rights. China does not deny the monopoly nature of intellectual property rights but only applies to unfair practices of intellectual property rights. And adopts a relatively clear position in relation to intellectual property rights and antitrust laws. The abuse of intellectual property rights does not necessarily constitute antitrust violations, and if the exercise of intellectual property rights excludes or restricts competition, it is seen as an AML violation. Therefore, when determining whether an IPR exercise is an antitrust violation, it should be analyzed according to the principles and standards stipulated by the antitrust law. In the case of limiting or eliminating competition by abusing the market dominant position not as a violation of the AML, it is judged that the principle of rationality is adopted by judging the abuse of market dominant position. In the case of market dominance abuse, it is difficult to find a basis for special consideration of intellectual property rights.