FRAND Principle In The Judicial Practice Of Standard Essential Patents Applicable Research

With the continuous development of science and technology and the continuous integration of patents and technology,standard-essential patent disputes have attracted the attention of the theoretical and practical circles.The standardization organization's“Fair,Reasonable and Non-discriminatory(FRAND)” principle was originally designed to balance the interests of standard-essential patentees,patent implementers,and the public.The dual attributes,the ambiguity of the FRAND principle,and the imperfect information disclosure system make the court face greater challenges in applying the FRAND principle in standard-essential patent disputes.There are two major difficulties in applying the FRAND principle in the judicial practice of standard essential patents in China.First,it is difficult to determine the standard essential patent license fee.The specific reason is the complexity of the factors affecting the standard essential patent license fee and the limitation of the patent value evaluation method.Second,the application of the injunction rules is due to differences in the standard necessary patent injunction relief legislation and inconsistent judgment standards in judicial practice.Based on in-depth analysis and research on typical cases at home and abroad,this article discusses the application of the FRAND principle in standard-essential patent disputes,and proposes to build a diverse standard-essential patent value evaluation system,disclose standard-essential patent license fees,and adopt diversification The method of calculating the FRAND license fee for standard essential patents,the consideration of non-patent implementers,the time point of implementing the ban and other related factors implement the principle of “conditional application of ban relief”.This article contains four parts besides the introduction,about 40,000 words.The first part mainly expounds the concept of standard essential patent and standard essential patent litigation,the connotation of FRAND principle and its applicable legal basis.The second part analyzes and discusses the difficulties in applying the FRAND principle in China's judicial practice.One is the issue of standard necessary patent license fees,and the other is the issue of standard necessary patent ban relief.Part ?: For landmark judgments in FRAND license fees and injunctive relief application rules in cases of patent disputes involving extraterritorial standards,the“Georgia-Pacific Factor Amendment Act”,“Top-down”calculation method,and “peak setting”,The“Orange Book ”rule,the“good faith ” licensee's “safe harbor”rule,and other analyses.Part ?: In view of the problems in the application of the FRAND principle in China's standard-essential patent litigation,we will draw on extraterritorial experience,explore the use of a diversified patent value evaluation system,promote the disclosure of standard-essential patent license fees,and obtain the calculation of standard-essential patent license fees that meet the FRAND principle.Methods: The factors considered by the court when issuing the injunctive relief include: the non-patent enforcement body,the time point for seeking or implementing the injunctive,the parties' goodwill characterization during the license negotiation process,and the effect of the injunctive relief on consumer welfare.