Research On The Protection Of Rights And Interests Of Standard Essential Patent Implementers Under FRAND Principle

Frand principle,which is defined as "fair,reasonable and non discrimination",is the basic principle followed in the application of standard essential patent.However,in the specific application,there are many problems that need to be studied and discussed in depth,especially in the protection of rights and interests of standard essential patent implementers.The law of our country lacks the operability of the licensing rate calculation method in frand principle.Once the standard necessary patent is abused,there will be monopoly problems such as unreasonable pricing occupying the dominant position in the patent market,which seriously affects the development of fair competition of enterprises,and even cannot embody the substantive protection of the rights and interests of the implementers of standard essential patents in practice.The injunctive relief system in the laws and regulations of the standard essential patent in China needs to be improved continuously.The introduction of the injunctive relief application system should not only regulate the use of standards for essential patent holders to hijack the patent implementers,but also prevent the necessary patent holders from hijacking the necessary patent holders by delaying negotiations.Now the application of injunctive relief for standard essential patent is still ambiguous.The parties of rights and obligations have not reached an agreement.We should explore the methods of application of injunctive relief.The compensation for standard essential patent infringement damages has always been an important difficulty in the trial of domestic standard necessary patent infringement litigation cases.There is no consensus treatment method.At present,the relevant domestic laws and regulations on the loss of standard essential patent holders,the provisions of profit and the fees for the use of necessary patent license are still few,and the problems encountered in practice need to be solved.Based on the above problems,this paper discusses the calculation method of license rate,the choice of injunctive relief and the compensation for patent infringement damages in frand principle.This paper is divided into the following parts.The first part is the introduction.This paper expounds the research background and purpose of the protection of rights and interests of the standard essential patent implementers,and combs and studies the current research status.The second part is the introduction of the case.Starting from the basic case,the focus of the dispute between the two parties and the result of the judgment,this paper puts forward three problems that need to be studied in depth from the perspective of the protection of the rights and interests of the standard essential patent users: 1.How to calculate the license rate under frand principle.2.How to apply injunctive relief under frand principle.3.How to compensate for the damages of necessary patent infringement under frand principle.The third part is legal analysis.The legal analysis of the above problems,the composition of license rate,the consideration factors and restrictions in the injunction relief system are analyzed,and the perfection of patent infringement compensation system is discussed.The fourth part: conclusion and suggestion.Firstly,this paper puts forward some suggestions on the calculation method of license rate.Secondly,it clarifies the application ideas of injunction relief,and puts forward some countermeasures to improve the injunction relief system based on the negotiation mode of injunction effect.Thirdly,it is necessary to build the system and measures of introducing the relevant data of the parameters of the standard necessary patent infringement compensation and implementing the parameter standardization.Fourth,it puts forward the suggestion of adding punitive damages system.