Determination Of Reasonable Licensing Fees Of SEP

In the context of economic globalization,cross-border economic cooperation among various countries is increasing,and the issue of incorporating patent technology into standards has attracted widespread attention from all walks of life.Its most prominent characteristics are guiding and mandatory,resulting in the emergence of the professional term "Standard Essential Patents"(SEP).In the exploration and practice of SEP,the principles of fairness,reasonableness,and non discrimination(FRAND)have emerged,This principle has become a fundamental principle that must be followed in SEP activities.However,the principle itself has the drawbacks of ambiguity and looseness,coupled with the compatibility issues of sharing and private rights in SEP,which leads to frequent disputes in cross-border cooperation and judicial practice,making it difficult to grasp the application of the FRAND principle.In recent years,most disputes related to SEP have involved the reasonable determination of SEP license fees,and disputes have also occurred frequently in China regarding this issue.For the determination of license fees,patent users and patent holders often cannot reach a consensus in commercial negotiations,leading to the case being brought to court and the SEP license fee being determined through judicial means.However,in cases such as determining licensing fees,the court’s decision-making methods and considerations vary from country to country,as the subject matter is huge and the case is complex.Once lost,it will cause significant losses to one party.Therefore,courts in various countries adopt a cautious and strict attitude when dealing with disputes over SEP licensing fees.This paper consists of four chapters.The first chapter discusses the concepts related to SEP and FRAND,including the definition of SEP,the fundamental principle for determining SEP license fees-the definition of FRAND principle,the nature and reasonable connotation of FRAND commitments,the current research status of determining reasonable license fees based on FRAND principle at home and abroad,and the significance of studying the problem of determining reasonable license fees for SEP.Chapter 2 studies the commonly used methods for determining license fees in judicial practice and their advantages and disadvantages,and analyzes three classic cases in determining reasonable license fees for SEP in foreign countries,including "Microsoft Corp.V Motorola Inc.,Unwired Planet International Ltd.V.Huawei Technologies Co.Ltd.,and Apple v.Samsung case studied the entire litigation and judgment process of the case,and organized the analysis steps and calculation methods of the court in determining the SEP license fee,as well as the factors considered in the determination process.Chapter 3 compares the analysis steps and calculation methods of SEP license fee determination in China with foreign cases by analyzing representative cases in China,including Huawei v.IDC and Huawei v.Samsung.It summarizes the existing problems in this regard in China.Chapter 4 is based on the issues in Chapter 3 to explore the path for China to determine the reasonable licensing fee for SEP in Chapter 4,including the principles to be followed during the case trial process,the use of multiple calculation methods to determine the licensing fee for SEP,and the consideration of factors to be comprehensive and flexible,as well as to play different roles in it,such as industry experts.In order to balance the legitimate rights and interests of various stakeholders,increase the operating proportion of patented technology,and contribute to the transformation of scientific and technological achievements.