Research On The Judicial Application Of FRAND Principles For Standard Essential Patents

The FRAND principle is a very important principle in commercial activities related to the licensing of standard-essential patents.In the judicial practice of such patent licenses,the meaning,nature and effect of the FRAND principle and the proper application of the FRAND principle in judicial decisions have been the subject of academic discussions among experts,scholars and legal practitioners who are concerned with this field.However,the differences between domestic and foreign courts in terms of the basis and outcome of cases also reflect that the lack of specific connotation of the FRAND principle has often led to disagreement between the parties concerned.It can be said that the ambiguity of the FRAND principle can easily lead to disputes and even litigation between the owners of standard-essential patents and the implementers of the standards,while in the event of disputes,the technical standards organizations,as "intermediaries",have left the task of explaining the meaning of the FRAND principle and confirming whether the amount of patent license fees is in compliance with the FRAND principle to the courts.to the courts.However,even if the parties agree to the FRAND license fee set by the court,judges are often not well placed to assess the value of a standard patent because the parties’ agreement or disagreement is determined by their expectations of the court’s decision.This suggests that there is not yet a consensus on the FRAND principle,but that courts still have to choose between conflicting interpretations and apply one that is acceptable to the court.Therefore,this thesis will analyze and explain the connotation of FRAND principle,sort out the content of FRAND principle in the IPR policy of standard organizations,analyze the results of typical cases of FRAND licensing disputes of standard-essential patents at home and abroad,find out the problems in adjudicating related cases in China,and study the calculation of foreign royalties and the applicable conditions when courts decide on injunctive relief,etc.The issues are studied.Finally,we will make recommendations on the judicial application of the FRAND principle in China,taking into account the actual situation in the field of intellectual property rights in China.