The Standard Essential Patentee Abuses The Market Dominance

With the deepening of international economy communication and the constant innovation of technology,in the field of information technology and communication,more and more standardization organizations appear,prompting the combination between standard and patent and making standard essential patents more important in the field of industry.Since the standard is compulsory,the product has to make use of Standard Essential Patents in order to meet the standard,which causes that it is easy for the patentee to abuse right and implement monopoly.Recently,Google,Huawei,Qualcomm,and other industry giants are involved in antitrust lawsuits of Standard Essential Patents,causing a world-wide attention on antitrust of Standard Essential Patents.This article will take the first Standard Essential Patents antitrust case in China,Huawei company v.United States Interactive Digital on abuse of dominant market position as an example,based on the current legislation and judicial practice,drawing advanced ideas from European Union and the United States to focus on method study about definition of abuse of dominant market position,in order to provide more meaningful guidance for relevant academic research and judicial practice.