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Academic Journal of Humanities & Social Sciences, 2024, 7(12); doi: 10.25236/AJHSS.2024.071213.

A Study on the Definition and Antitrust Regulation of Intellectual Property Abuse in the Age of Digital Economy: A Structuralist Perspective

Author(s)

Zhenqin Wu, Qiju Wang, Ziyan Lin

Corresponding Author:
Zhenqin Wu
Affiliation(s)

Guilin University of Electronic Technology, Guilin, Guangxi, 541004, China

Abstract

With the rapid development of the digital economy, digital platforms display distinctive features such as multilateral markets, network effects and data-driven, which have reshaped the market structure in the field of digital intellectual property rights. This change has also brought about challenges such as the difficulty of defining and regulating intellectual property antitrust, especially as some platform enterprises holding a large number of intellectual property rights have utilized their own advantages to seek monopoly benefits, exacerbating the unfairness of market competition. New Structuralism believes that antitrust law should not be limited to considerations of consumer welfare, but should pay more attention to pluralistic values, competitive structure and competitive process, and build a system of checks and balances in the commercial and economic fields. Structural factors such as the size of the enterprise, the number of business users and end-users, and market barriers should be taken into account when judging IPR abuses. In addition, in order to more effectively conduct antitrust regulation of IPR abuses in the era of the digital economy, the special challenges of the digital economy can be addressed through measures such as strengthening the interface between ex ante and antitrust regulation of platforms.

Keywords

Intellectual property abuse; Behavioral definition; Antitrust regulation; Structuralism

Cite This Paper

Zhenqin Wu, Qiju Wang, Ziyan Lin. A Study on the Definition and Antitrust Regulation of Intellectual Property Abuse in the Age of Digital Economy: A Structuralist Perspective. Academic Journal of Humanities & Social Sciences (2024) Vol. 7, Issue 12: 79-84. https://doi.org/10.25236/AJHSS.2024.071213.

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