The Regulation Of Standard Essential Patents Abuse With European And German Antitrust Law

The regulation of the standard essential patents(SEPs)abuse with antitrust law has been a hot topic in the field of antitrust law.In the era of knowledge economy,the development of technology is often along the "technology patented-patent standardization-standard Monopolized" path.Technical standards have been incorporated into more and more patents.The Combining of technical standards and patents makes the market competition a different situation,because technical standards magnified the monopoly of patentee,especially in telecommunication,information and other high-technical fields."Standard Essential Patent War"between enterprises has intensified.Due to the characteristics of SEPs,SEP holders are likely to abuse their dominant market position and do harm to the competition.Although the basic principles from standards organizations or the rules of civil law can play a role by regulation the abuse of intellectual property rights,but the antitrust laws has the duty to maintain competition order and safeguard the interests of social responsibility.Taking into account the importance of standards and the market position of SEP holders itself,it is necessary to regulate patent abuse with antitrust law.Confirming that the behavior of the SEP patentee constitutes a monopolistic behavior which is prohibited by the antitrust regulations is the premise and basis for the intervention.In this article,the abuse of market dominance behavior will be,for the antitrust regulations of European law and German law,discussed by means of two elements "dominant market position" and"abuse".This thesis is divided into five parts.The first part explains the concepts and features of standard essential patents,and also the intellectual property policy of standardization organizations and the theoretical basis of antitrust regulations to the abuse of SEPs.In terms of the "dominant market position",in the second part of the thesis,the analyze will be in accordance with the order from general to particular,firstly the general rules of market dominance,and then the particular aspects by the case of intellectual property rights will be introduced,especially when standard essential patents intervene.In the analysis of "abuse" in the next three parts,the measures and standards will be discussed with case study and research respectively under three situations-refusal of acceptance,unfair pricing and injunctive.During the lessons from the advanced experience of foreign countries,especially the way of angle and method by thinking solving problems,I really hope it can bring us some inspiration in the future to the perfection of anti-monopoly regulation in the fields standard essential patents.