Research On The Legal Regulation Of The Abuse Of Essential Patents

In 2013,Chinese National Development and Reform Commission formally launched an anti-monopoly investigation on the abuse of standard essential patent rights by Qualcomm.The term “standard essential patent” was formally presented to the public."The Supreme People's Court's Judicial Interpretation of Patent Infringement II"(hereinafter referred to as Judicial Interpretation II),Article 24,is perfect for standard essential patents,but not given specific operating standards.The Beijing Higher People's Court promulgated the “Guidance on Patent Infringement Judgment” in April 2017,which can be seen as a supplement to Judicial Interpretation II.However,the "Guide to Patent Infringement Judgment" is only a refereeing guide issued by a local court and does not have legal validity,the problem of the abuse of standard patent rights in China still exists.In order to solve these problems,the article takes the Qualcomm's case as the perspective,discussed from our country's legislation and practice differently,to find the methods,perfecting the legal system of Chinese standard essential patent right,making some suggestions.This article is divided into four parts:Part1: Starting from the abuse of standard-essential patent rights by Qualcomm,it elicited what the standard essential patent was and what it represented.Part2: Finding the causes of the abuse of standard essential patents from the aspect of legislation and practice.Part3: Firstly discussing the legal regulations regarding the abuse of standard essential patent rights in foreign countries,to find the reasons about the defects of Chinese standard essential patent system.Part4: In response to the problems existing in Chinese standard essential patent system give some advices...