Research On Public Policy Of Standard Essential Patents Hold Up And FRAND Hold Up

With the globalization of economic development,the internationalization of technical standards and the intensification of technological competition,standard essential patents have increasingly become the focus of attention in the fields of information and communication technology.Under the background of national innovation-driven development strategy,enterprises’ grasp of key technologies will be conducive to occupying a dominant position in science and technology competition and enhance the international influence of Chinese enterprises.However,the phenomenon of patent hold up and FRAND hold up has become increasingly prominent.Based on the innovation-driven development strategy background,the thesis is guided by the relevant theories of standard essential patents,using literature research methods,statistical analysis methods,game analysis methods,comparative research methods and other methods.Firstly,it analyzes the layout of standard essential patents and international competition,and predicts its development trend by using time series-based multiple linear regression analysis on the number of standard required patent disclosures and the number of patent litigation cases.Secondly,constructing a game model and using Qualcomm Take Apple as an example to discuss their dynamic game process.Finally,summarize the relevant policies of the International Standards Organization and the United States,and provide reference for China from the perspectives of regulatory policies,administrative policies and policy practices.The main conclusions of the thesis are as follows:(1)The growth rate of the number of required standard patent disclosures has been further slowed down,and the number of international patent litigations has shown a significant downward trend.The number of domestic standard necessary patent disclosures has shown an upward trend,and related litigation has begun to appear.(2)In the game process,the public sector should deal with the standard patent hold up and FRAND hold up,and the regulation of the public sector will have an important impact on the standard patent hold up and FRAND hold up.(3)With reference to the relevant policies of the International Standards Organization and the United States,we propose countermeasures for China from the perspectives of legislation,administration,and justice.