The Regulation Of Anti-monopoly Of Standard Essential Patent Grants

In the global economical era, intellectual property has become one of core factors in measuring the international competitiveness of a country. And patents combined with technical standards are the most powerful instruments in competitions. They not only help companies to enhance the productivity, but also ensure safety and health for consumers. Nevertheless, the standard essential patents(SEP) holders are likely to form monopoly and get excess profits,which break the order of market. Thus, it is necessary to regulate the act of SEP grants.According to mentioned above, this paper will discuss the issue of anti-monopoly regulation of SEP grants.Chapter I, pose a case-“Huawei v. IDC the abuse of market dominance” to illustrate the phenomenon and legal issues.Chapter II: Analyses the regulation of anti-monopoly of SEP grants. In this chapter, I will point out 1.The definition of relative words, such as standard, SEP and SEP grants; 2.The reasonableness of protecting SEP grants; 3.The feasibility of anti-monopoly regulation; 4.the basic nature of SEP grants; 5. Four typical acts of SEP grants abuse market dominance.Chapter III: show the analytical framework of SEP grants both in macro and micro aspects,and the specific steps to analyses such acts.Chapter IV: Some legislative suggestion of China’s anti-monopoly law on SEP grants.Chapter V: Conclusion.