Study On Legal Regulation Of The Essential Patent Of Abuse Standard

In the process of the development of knowledge economy,the combination of patent and standard is becoming more and more frequent and extensive,and the technology of obtaining patent protection appears more and more in the technical standard,which makes the influence of the combination of the two on the market expand continuously.Standard essential patents are created in this context.Standard essential patent is the development standard formulated to achieve the goal,which often has significant irreplaceable characteristics,and if it is not used,it will not meet the technical standards required by the relevant industry.Formation of necessary standard patent the private right attributes of patents with the public interest attributes of standards,provides a way for technology holders to maximize the benefits of obtaining patents.However,if the standard essential patent is abused,the standard essential patent holder will also be able to lead more easily to the effect of restricting and excluding competition,resulting in a monopoly of the market and even the formation of international trade barriers.Therefore,the abuse of standard essential patents by standard essential patent holders must be strictly regulated.At present,Building a sound professional legal system in China is still in the exploratory stage,which is still insufficient at the level of legal norm,there are some problems in the identification standard of the behavior of abusing standard necessary patent right,there are obstacles to the application of FRAND principle,and the lack of regulation to prevent the abuse of ban relief.As a result,this paper raises questions through typical cases,from refining the identification standard of the necessary patent right behavior of abuse standard,defining the standard of reasonable license fee under the principle of clear FRAND,clearly constituting the procedural requirements of the prohibition relief abuse,perfecting the relevant market and market dominant position in the necessary patent behavior of abuse standard based on the anti-monopoly law,ensure that the information disclosure mechanism meets the requirements of sound development.