Legal Regulation Of The Abuse Of Standard Essential Patent Rights

With the development of the national intellectual property law and competition law,most countries are the intellectual property rights of the exercise of the necessary restrictions."Patent standardization,standard internationalization trend of development,to achieve hit the market competition,provides the convenience of monopoly profits.Standard essential patents as a legal monopoly right,generally is not affected by competition law regulation,but the holder of the monopoly tends to make the dominant in the market,which leads to unfair competition.The abuse of intellectual property rights corresponding legal regulation has become the industry consensus.Clear standards necessary to form of the abuse of patent rights and the adverse consequences and how to regulate the abuse of rights become urgent problems,the comprehensive analysis of the advantages and disadvantages of the allied to rights abuse regulation,respectively from the two aspects of international law and domestic law standards necessary to regulate abuse of patent rights.Is it necessary for the stability of our country standard patent market order of fair competition and maintain standard essential patents in China's international standing has a certain reference significance.