Study On The System Of Standard Essential Patent Licensing

With the integration of technology and standards,technical standardization plays a more and more important role in all areas of economic life,and the integration of standards and patents has become a trend.The purpose of setting standards is to promote the application of technology,while patents represent the legitimate monopoly interests of private owners in a certain period.Because of the monopoly of the standard necessary patent,in the process of patent licensing,the patendon may abuse the dominant position of the market and destroy the competition order of the market.At the same time,overemphasizing the open and popularizing value of the technical standards will lead to the legal rights and interests of the patendon,which can not be fully protected,and will crack down on the exclusive protection of the patent holder's legal rights and interests.The interests of the interests of the people are creative.Therefore,it is an urgent problem to find a balance between the standard popularization and monopoly of the world.Apart from the introduction,this paper mainly analyzes five parts.The first part is an overview of the standard necessary patent license.First,the necessary patents of standards and standards are introduced.Secondly,the standard necessary patent licensing system is introduced,including its value and the meaning of license.The second part is the licensing principle of standard essential patent FRAND.This paper analyzes the generation,nature and connotation of the FRAND license principle.This principle is the standard that the necessary patentor and its related subjects must abide by when implementing a patent,and also balances the interests relationship under the patent standardization.FRAND licensing means that,on the one hand,it is necessary to ensure that the standard necessary patent practitioners are able to use the patent technology,and on the other hand to ensure that the standard necessary patpater is rewarded with its technical contribution.The third part introduces the implied license system of standard essential patents.This includes an overview of the implied license,the circumstances of its formation and the conditions for its application.The system has regulated the behavior of the standard necessary patenholders.In China,the eighty-fifth articles in the revised draft of the patent law have also made a provision to clarify the implied license responsibility of the necessary patent holders to violate the FRAND licensing commitments and related licensing obligations,with a view to passing the effective title of the relevant standard patent policies.The necessary patent "hijacking" is regulated,and the balance of interests between the patenor and the implementer is ensured to ensure the smooth operation of the standard.The fourth part is to solve the problem of patent hijacking and patent hijacking and patented royalty accumulation due to the uncertainty of FRAND,by analyzing the application of the standard necessary patent licensing fee and the application of the injunction relief.In this process,only the good faith of the FRAND permissions principle and the necessary patent rights personnel have the right to claim the injunction relief to the malicious standards that do not comply with the FRAND licensing principle,which may also be the means to permit unfair competition between the two parties,and also the difficulty of equity equity in the judicial decisions.The last part is the perfection of China's standard patent licensing system.This paper analyzes the current status of the standard patent licensing of China's standard and the foreign reference for the standard necessary patents,and puts forward some perfect measures in the aspects of improving the FRAND license principle,the implied license of the standard necessary patent,the license use fee and the injunction relief,etc.