Study On Anti-monopoly Regulation For The Licensing Of Standard Essential Patent

In the essential patent license,the interests conflict between the right holder and licensee trigger the abuse of standards essential patent licensing cases occur,which affects the normal market competition order and urgently need for legal rules.Due to the lack of regulation of the patent ban and the imperfection of the FRAND principle,patent law and contract law exist shortcomings in regulating standard essential patent license,while antitrust law have unique advantages in the regulatory of the abuse of patent licensing behavior.Through the comprehensive consideration of the relevant technology market and regional market and other factors,this article point out that not all of the standard essential patents have a dominant position in the market.We should consider the substitutability of technology and other factors to judge whether a standard essential patent occupy the dominant position in the market.The antitrust analysis of the patent holder about the abuse of market dominance,mainly about collecting unreasonable licensing fees and abuse of the patent ban.Then this article summed up the factors that a reasonable patent license fee should be taken into account,including: the value of the patent to the standard,the value of the other patents in the same standards and the license fee for comparable patents.Whether or not to grant a patent ban,first of all,by judging whether the essential patentee has dominant position in the market,and then determine whether the right owner is an abuse of the patent ban.Finally for perfecting the patent ban system,the article provides some suggestions from grasping the principle of reasonable limit and perfecting the anti-monopoly guide.