知識產權競争法規制横跨知識產權法與競争法兩個領域,涉及衆多非常複雜和有争議的問题,所以一直以來都搆成反壟斷法執法的一個難點。這一領域的特點在於,很難在知識產權權利人所享有合法的壟斷地位與實現反壟斷法促進競争的目標之間尋找平衡。因此,法律上對某一行為合法性判斷非黑即白的情形很少,多數時候需要進行個案分析。而這一分析又需要大量的經濟學上的知識積累與專業訓練以及對所涉及工業領域知識產權競争狀况的瞭解,這就更加大了執法的難度。與 IPR laws and regulations span across two areas of IPR and competition law and involve many very complicated and controversial issues. Therefore, it has always been a difficult point for law enforcement in anti-monopoly law. A feature of this area is that it is difficult to strike a balance between the legitimate monopoly position enjoyed by IPR owners and the goal of promoting antitrust law to promote competition. Therefore, legally judgments on the legality of a certain act are neither black nor white, and most of the time it is necessary to conduct a case analysis. This analysis, in turn, requires a great deal of economic knowledge accumulation and professional training as well as an understanding of the intellectual property competition in the industrial fields involved, which further increases the difficulty of law enforcement. versus