Study On The Legal Applicable To The Principle Of FRAND In Standards Essential Patents

With the development of science and technology, especially the standard era, patent continuously into technical standards become inevitable trend of the development of patent technology standard. Once the patent technology is incorporated into the related technical standards, this patent is usually called the standard essential patents. The implementation of standards in order to make the products meet the technical standards of standardization organizations have to use standard essential patents in the system. Therefore, once the formation of standard essential patents, the patentee will use standard gain advantage in, through the control of patent license to competitors, or to control access to high patent licensing fees, and even more as the limit of the tools of market competition.IDC company to the companies in the standard Huawei necessary patent licensing negotiations on the unfair treatment, is the use of patent licensing negotiations to seek specific performance control, to maximize their own interests. At present, the international standard, necessary patent licensing generally follow the FRAND permission principle, namely to into standard system of patent, the patentee must follow the requirements of "principle, reasonable public license, without discrimination", carries on the reasonable licensing of operators. The company, Huawei turn back to hit those who misled, taking IDC company violates the FRAND principle by a lawsuit, and win. Therefore, how to better study the principle of FRAND, so as to improve the domestic judicial practice in the application, is the subject of this writing. Firstly, through the interpretation of Huawei Ltd v. IDC company case, the main problem of the extraction of the controversial case, and will discuss the questions focused on the principle of judicial application of FRAND. Then, the inevitability from the integration of standards and patents of the definition and analysis of the FRAND principle, concept, standard of standard essential patents essential patents. Finally, discusses the principle of FRAND from three aspects of essential patent application standard FRAND principles of justiciability, standard essential patents FRAND licensing rate determination, standard essential patent litigation injunction, to provide some reference for future application.