The Study Of Anti-monopoly Mechanisms For The Standard Essential Patents Injunctive Relief

More and more countries and regions pay more and more attention to the regulation of the abuse of injunction by standard necessary patent holders in the scope of anti-monopoly law.At present,two of Chinese anti-monopoly law enforcement agencies were drafted intellectual property antitrust enforcement guidelines draft,the standard essential patents(SEP)has become the object of great concern.However,we have to admit that in our country,there is still a primary stage in the legislation of SEP,especially on the relief of SEP injunction.I untangle the legislative,judicial and law enforcement of Germany,the European Union,the United States and other countries and regions about the SEP injunctive relief.According to the situation of our country,the practice of the related fields,the latest policy documents and the judicial precedents,taking the antimonopoly guidelines for the abuse of intellectual property rights as an opportunity,the author puts forward the suggestions and suggestions for our country with the guidance.The first part of the article the author describes the research background,significance,combs the related concepts,and analyzes the necessity of the injunction relief to the SEP holder.Only under the premise of clearing concept and understanding of the causes of injunctive relief,we can better explore how to use the anti-monopoly law to regulate the abuse of SEP injunction relief;the next of this paper is about some controversial SEP injunctive relief and it is very necessary to regulate the behavior of the abuse of injunction by SEP,and compared with civil law and contract law,anti-monopoly law has incomparable advantages.Then carried on the analysis to the related practice and shortcomings of foreign and our country,finding out still needing to perfect the provisions of our country;aiming at the above-mentioned problems,putting forward our country can be improved from the following aspects: first,the concept of a clear ban,injunctive relief,clearly define the abuse of standards essential patents injunctive relief standards;second,weighing the ban may affect the standards to the interests of the patentee and the public interest,the interests of users and brought to the market competition,set up for our country the establishment of licensing negotiation mode;Third,“hijacking and reverse hijacking prevention” mechanism;fourth,clearing how to define a standard essential patent holders have a dominant market position and abusing of market dominance.It is hoped that the research of this subject will expand the scope of the research on the antitrust regulation of necessary patent injunction,and provide suggestions and opinions for the legislation,judicature and law enforcement.