第一章 序論 第二章 智慧財產權與競爭法之學理分析 第三章 智慧財產權與市場優勢地位之認定 第四章 競爭政策與智慧財產權之濫用（一）：智慧財產權與拒絕授權 第五章 競爭政策和智財權之濫用(二)：搭售、過高訂價、差別取價和掠奪性訂價 第六章 結論與建議 The role of Article 82 of EC Treaty in the system of EC Competition law is to regulate undertakings which have been found to occupy positions on particular markets, i.e. those firms with extensive market power, such as near monopolies. In common with Article 81, its aim is to prohibit the use of market power to damage effective competition in markets by preventing access to markets or driving out existing competition, as well as to fix prices at higher than competitive level.
For intellectual property rightholders, it’s important to recognize that there different degrees of dominance with different legal consequences. Since the whole structure of regulation by prohibition of abuse in Article 82 only applies if there is a finding of a dominance upon a particular market and relevant market as they apply to IPRs with exercise, i.e. refusals to licensing, tie-ins, excessive pricing and predatory pricing.
This thesis, basing on Article 82 of EC Treaty, comprises six parts：Chapter One-Introduction; Chapter Two-The analysis of IPRs; Chapter Three-Intellectual property rights and the concept of dominance; Chapter Four-Intellectual property rights and refusals to licensing; Chapter Five-Intellectual property rights and tie-ins, excessive pricing, discriminatory pricing, predatory pricing; and Chapter Six-Conclusions.
