The Regulation On Standard Essential Patent By Anti-monopoly

In recent years,with the deep integration of the global economy and the maturity of patent technologies,patent technology highlights an increasingly important role in economic activity.No matter in the daily news or the products and services,we can find the shadow of patented technology.One of the particularly obvious tendency is the continuous integration of patent technology with standards,the privatization of patented technology and the persistence of standards,especially in the emerging fields of communication and IT industries.Standardization activities can bring many benefits to economic and life,it can improve the operational efficiency of economic activities and mutual compatibility,and achieve continuous innovation.It also can help products seize the dominant position in the market,and invisibly exclude other products.In recent years,with the depth of integration in information technology and communication technology,the development of mobile Internet and the popularity of smart terminal equipment,more and more traditional IT companies enter the field of communications.With the increasing competition in the market,there has been a lot of disputes and litigation among the world's leading multinational companies in the field of standard essential patents,like Apple,Samsung,Google and Huawei,ZTE or other high-tech companies,they are caught in the war related to the SEPs,this tendency has also caught the attention of antitrust law enforcement.In recent years,both <The Provisions about Prohibition of Abusing Intellectual Property to Exclude and Restrict Competition>and <The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Patent Disputes(2)> are all making some regulation on the SEPs.But the relevant provisions are too principled and guiding,in the specific identification and operation will be weak.In this context,This article will discuss the regulation of anti-monopoly law on the SEPs from five parts: The first chapter mainly elaborates on the connotation and judgment standard of the SEPs,which is mainly based on the outline and the background of the SEPs,and introduce the standard and the necessary patent;In the second chapter,we focus on the reason why we need to carry out the regulation of the SEPs through the anti-monopoly law,including the illegality,the necessity and the feasibility;The third chapter discusses the monopoly behavior of the patent criteria,specific types in the economic law perspective and the combination ofpatent law;The fourth chapter mainly uses the comparative method to analyze the present situation and the existing problems in our country,draws lessons from the extraterritorial model,and finally makes the comparison and reference;The fifth chapter focus on the legislative,judicial and law enforcement point of view to improve our standards of the necessary patent rights,and to provide some thinking and recommendations.