Abstract:
The Korea Fair Trade Commission marked the punishment decision of Qualcomm at the end of 2016, which directly pointed to the closed anti-competitive business model of Qualcomm with corrective measures, which fundamentally restrained and eliminated its anti-competitive ability and effect. The Korea Fair Trade Commission put forward the significance and necessity of promoting innovation and competition by establishing an open ecosystem that regulated the abuse of intellectual property monopoly, and made a regulatory experiment. Comparing the contents of two antitrust investigations and penalties imposed on Qualcomm by the Korea Fair Trade Commission in 2009 and 2016, we conclude that increasing the intensity of multi-dimensional compliance investigations, transparency and participation in the investigation process, adopting systematic and continuous corrective measures to curb the anti-competitiveness of operators, and going from one-dimensional regulation abuse to multi-dimensional healthy ecology of business model have become the action direction of Korea's regulation on the abuse of intellectual property. At present, China is vigorously promoting intellectual property innovation, and it is urgent to build a scientific, reasonable and appropriate legal system and method to standardize the free and fair competition of intellectual property market. In the process of fully promoting intellectual property innovation, meanwhile, the healthy operation of a free and fair competition order in the relevant markets should be promoted to achieve the goal of combining integrity and times between the intellectual property innovation protection and fair and free competition.