Research On FRAND Hold Up In Standard Essential Patent

In today’s knowledge-based economy dominated market,technology has become more and more the core element for enterprises to survive and develop in the market.Patent and standard are important means to promote technological progress,and the combination of them has given birth to the special patent form of standard essential patent,which is protected by intellectual property law.But the inborn conflict between standards and patents makes the standard necessary patent disputes continue,However,the behavior of "patent hijacking" in which the standard essential patentee asks the standard implementer to pay too much patent license fee,delays the negotiation time with the standard implementer,and brings a false lawsuit to reduce the patent license fee is a pair of contradictions in the environment of standard essential patent license.At present,most of the academic discussion is focused on the restriction of patent hijacking from the perspective of the standard implementer,while the research on protecting the interests of patentees and curbing frand hijacking is less involved,which has a certain practical significance in the market environment of frequent patent hijacking in the past.However,it is not uncommon for current standard implementers to use the inherent disadvantages of frand principle as a tool to reverse the implementation of frand hijacking,and its harm is also obvious.Therefore,in view of the increasing trend of frand hijacking,it is necessary to start with the negative impact of frand principle,grasp the improvement of legal provisions and response measures,and put forward the corresponding preventive solutions.In this regard,firstly,this paper comprehensively combs the causes,manifestations,legal attributes and behavior definitions of frand hijacking in standard essential patents from the theoretical level,focusing on the characteristics and potential threats of frand hijacking;secondly,by further analyzing the practical experience of domestic and foreign legislative departments,this paper analyzes anddiscusses the common and individual values of different means to curb frand hijacking,Finally,combining with the current situation of our country,this paper analyzes the shortcomings of our country in dealing with frand hijacking,and puts forward reasonable and perfect suggestions from patent disclosure and license fee disclosure system,patent license fee recognition system,procedure restriction and application rules of injunctive relief.To sum up,this paper advocates the integrated framework of "improving the transparency of patent information necessary for the standards in the process of patent inclusion,building a clear licensing negotiation procedure,strengthening the supervision of both parties,and assisting in efficient remedies in case of infringement disputes" to protect the interests of all parties,promote the promotion and implementation of standards,and ensure the healthy development of the standard licensing market.