Research On The Application Of FRAND Policy On The Antitrust In The Standard Essential Patents

In recent years,intellectual property disputes related to technical standards,understanding the relationship between technical standards and the protection of intellectual property rights at home and abroad have also been changes in development,in essence,the disputes from the open,public has the technical standards,the conflict between intellectual property rights and exclusive,exclusive.Standard into the patent to produce the standard essential patents(SEP),inevitably has a mandatory.How to respect and maintain the intellectual property rights under the standardization,and can solve the patent rights regulation in the implementation of SEP,has become a problem that must be faced in the practice of various countries,and is quite challenging.This paper is in this context,hope that through the development of legal regulation and the relevant provisions of the principle of FRAND SEP analysis,on the basis of predictability,typical cases at home and abroad,summed up the trend of the practice at home and abroad.Scholars in the domestic and abroad have done a lot of research on these issues,although not yet formed a system,but also accumulated a certain amount of results.Many standardization organizations are doing much work to change their intellectual property rights policy too.China has taken its own pace in this regard.Based on these data,the paper applies the methods of literature research,case study,comparative analysis,and so on.This paper discusses the application of FRAND principle in the standard necessary patent antitrust.Through the study,based on the particularity of SEP,in the implementation process,the patentee is very likely to violate the FRAND principle,and by antimonopoly law.On the cognizance of the abuse of dominant market position of the SEP,there are some difficulties and problems in practice;the FRAND license fee to determine the legal validity and the abuse of prohibition,scholars have many different issues,but after studying the case,the development trend and the mainstream view of basic can foresee these problems.I put the focus on the implementation of SEP patent right and standard between above,this contradiction is the main contradiction,how to solve this contradiction,this paper is to explore the problem.Due to the complexity of the problem of SEP,the understanding and practice of countries have not yet formed a sound system,are constantly exploring.How to deal with the relationship between patents and standards,China is more inclined to protect public interests or private rights,there are still differences.Therefore,there should be a reasonable expectation on the formation of the universal consensus on SEP.At present,China's SEP policy has been showing a new trend,the SSO's intellectual property policy is gradually improving.But it is undeniable that the current legislation for the exercise of judgment Chinese SEP is illegal,how to carry out the concrete operation in the judicial practice,there are still missing,and the related system is not perfect is not conducive to the economic development of Chinese.Therefore,it is necessary for us to learn from the experience of developed countries in this field,referring to the relevant laws and regulations,strengthen international coordination,expand international cooperation,to build the legal system with the guide meaning involves the introduction of SEP's antitrust law as soon as possible the detailed rules for the implementation of the China,improve relevant laws and regulations,strengthen the adjustment and regulation of abuse of SEP.