Research On Judicial Determination Of Standard Essential Patents License Fee

In the context of economic globalization,intellectual property rights have become a weapon for countries to expand their trade in the international market to obtain benefits.In market competition,it is the highest goal of an enterprise ’s intellectual property strategy to transform its own patents into standard essential patents.Standard essential patents are mandatory,irreplaceable and inevitable.In order to solve the problems caused by standard essential patents,standard setting organizations require standard essential patent holders to conduct fair,reasonable and non-discriminatory(Fair,Reasonable,Non-Discriminatory,FRAND)licensing conditions against potential standard implementers Authorization.The FRAND principle itself does not have specific guidance for operability and is ambiguous,so it often leads to problems such as patent hijacking,reverse patent hijacking,and licensing fee stacking.The core issue of standard essential patents is the determination of licensing fees.This article first introduces the source and status of standard essential patents,as well as the current risks and problems faced by standard essential patents;then introduces the classic cases of licensing fees for standard essential patents in foreign countries,analyzes the calculation method of license fee confirmation in each case,and evaluates it.Sort out the relevant consideration factors,summarize and determine the principles of standard essential patent licensing fees;next,introduce the litigation cases of standard essential patent licensing fees that have occurred in China in recent years,comb the trial process of the cases,and analyze the advantages and disadvantages of the cases;Finally,it puts forward the principles that our country should pay attention to in the case of judicial trial of standard essential patent license fees,and should encourage market transaction negotiations when determining the licensing fee in the trial of standard essential patent license fees in Chinese courts,and apply priority to refer to comparable licensing agreements.Value assessment is a guarantee.