Research On Anti-monopoly Regulation Of Standard Essential Patents

The contribution of patented technology to economic and social development in modern society is becoming increasingly apparent.Among them,standard essential patents are the most representative;standard essential patents are different from ordinary patents and are a necessary condition for the implementation of standards;after a patent becomes a standard essential patent,the patentee will control the patent user through the advantages obtained by standardization or pass Control patent licensing methods to obtain high patent licensing fees and even use their patents as a way to limit market competition.The National Development and Reform Commission’s administrative penalty cases against Qualcomm and the use of standard essential patents and disputes between HUAWEI Technologies Co.,Ltd.and American Interactive Digital Corporation are typical cases involving standard essential patents in China’s antitrust enforcement and judicial trial practice.It has created a precedent for the anti-monopoly of standard essential patents in China,and has also prompted China to strengthen its thinking and research on anti-monopoly legislation,law enforcement and judicial aspects of standard essential patents.The specific content of the research in this article mainly includes the following parts: introduction(including the presentation of typical cases and problems,research background and significance,domestic and foreign research reviews and thesis innovations);standard essential patents and antitrust(including the inclusion of standard essential patents The particularity of standard essential patents,the monopoly nature of standard essential patents,standardization exacerbates the monopoly of patents,historical analysis of anti-monopoly regulations for standard essential patents,anti-competitive in the identification and implementation of standard essential patents,intellectual property law and antitrust laws Conflicts and balances among others);the identification and abuse of monopoly acts of standard essential patents(including the definition of relevant markets,the determination of market dominance,the abuse of market dominance by standard essential patents,the abuse of standard essential patents to constitute a monopoly model and monopoly behavior Identification,etc.);anti-monopoly regulation of standard essential patents(including China ’s current anti-monopoly regulatory path for standard essential patents,problems in current legislation,problems in anti-monopoly law enforcement and anti-monopoly litigation,etc.);perfect Standard Essential Patent Antitrust Regulation proposal(including the obligation of information disclosure laws make up for the vacancy,to clarify the standard of standard essential patents abuse,improve the supervision mechanism standardization organizations,establish and improve standards essential patent misuse defense mechanism).This article focuses on the integration of standards and patents,standards-essential patents,standards The identification of essential patent acts,the application of the FRAND principle,and other issues,explore the legal effect of the FRAND principle agreed in the standard essential patent standardization organization,determine how to determine the market dominance of standard essential patents,how to determine the FRAND license fee rate,and how to determine FRAND behavior and other issues,with a view to future legislation,the anti-monopoly law enforcement,judicial practice to provide theoretical support.