Standard Necessary Patent Licensing Study

As an important part of the intellectual property system, the patent is the crystallization of human wisdom and the important symbol of social civilization degree. In today’s world, to measure a country’s development level, the number of patent applications and grants and licensing quantity is an integral part of one of the most important indicator. And patent system, the aim is both to protect the private rights of the patentee, and to publish the wisdom results of the patentee to the society quickly, so that the patent technology become a powerful booster to promote the progress of social civilization, and makes the factors of production can be flow ed and configurated reasonably and effectively,and improve the level of productivity of the host countries and promote economic development. Therefore, after the patent license, and its effective implementation is dependent on the patent licensing, patent licensing system as the middle part of patent value realization, the patent system plays a key role in the future. Especially the patent technology into the technical standard, due to manufacture certain products must meet the technical standards to enter the market, therefore, the patentee of the technical standard is often in a dominant market position, and it often lead to abuse of rights, and lead to monopoly finally. How to ensure the patentee can be adhere to the principle of fair, reasonable and non-discriminatory when the implementation of the standard patent license, that is an urgent problem which need to be solve both in theory and practice, is also the legislative problem. This paper takes a case international influence that the patent licensing dispute between Huawei company and IDC(the first case of the standard necessary patent license in the world.It is considered as one of the ten typical intellectual property cases in 2013 by the supreme people’s court and the higher people’s court of Guangdong province. Huawei company was awarded the 2013 cases of the year awards by The intellectual property management, which is the only award in the case of China 2013 academic year.). To analyze the necessary standard patent licensing and study the principles and rules for the necessary standard patent license, so as to put forward Suggestions and ideas for the modification and perfection of patent law of our country, that is the task of this paper.In this paper, besides the introduction, the text is divided into four parts, about 20000 words.The first part of this paper is the case background.The case background is to Introduce the two case that are related to the Huawei company and IDC about standard necessary licensing dispute case, one is patent licensing rate dispute, anoher is the Monopoly infringement dispute.The second part is, in view of the case background, to summarize the dispute focus and the resulting legal thinking.The third part is,to analyze and discusse to the legal problems of the case,and to the definition and connotation of standard essential patents, and to the issues of both the forced contracting, and the compulsory license of the standard necessary patent, and how to understand the principle of fair and reasonable, no discrimination.The fourth part is the Suggestions to relevant legal issues, for example, putting forward ideas and Suggestions which are related to the necessary to establish a perfect standard of our country legal system of standard patent licensing, drawing lessons from the commercial franchising law system, to establish the record system for standard patent licensing, information disclosure system, and to expedite litigation relief channels, etc.