Standard Necessary Patent Licensing Anti - Ruling Regulatory Research

With the advent of the era of knowledge economy, enterprises and individuals have started to attach importance to the protection of intellectual property rights, especially patent rights and management.High requirements of the standard and the intellectual property strategy of enterprises prompted standard essential patents. Due to the lack of innovation in our country, multinational companies and large enterprises with lots of intellectual property rights often use unreasonable arrangements,such as refusing to license, cross permission, discriminatory licensing fee to damage the interests of the enterprises in our country, eliminateing and restricting competition, infringing consumers’interests.obsolutelyjhow to regulate the standard essential patents licensing has been one of the most inportant problem.Standard essential patents is the combination of standard and patent, standard represents public welfare and openness, patent represents private interest and the exclusive, therefore the balance of interests is the key problem in the process of standard essencial patent license antitrust.Currently one of the most important act relating standard essencial patent license is against FRAND requirement patent licensing fees and misuse of patent ban.To solve these problems,this article discusses through three parts respectively.The first part is the standard essencial patent and antitrust,demonstrating the reasons for standard eaaencial licensing antitrust and how to identify the standards essencial patents;The second part is FRAND requirement standards essencial patent licensing fees, mainly discussing the factors considered when calculating the reasonable license fees;The third part is the use of the the patents ban, comparing the court’s attitude and practice at home and abroad.Through analysis the author believes that standard inner is conflict with patents, there are all kinds of antitrust behayior through the use of standard essential patents.these acts eliminate and restrict the market competition, harm the interests of the public, should be under the antitrust regulation.At the same time, the standard essencial patent cognization is the precondition of antitrust problems.One who can identify the essencial patents should be a third party independent and impartial entity. the main factor to consider includes the technical factors and legal factors, business factors can be the reference factors;FRAND principle is the important patent policy of the standards organization with the purpose of avoiding the "patent hold up" and "royalties stack".Patent licensing fees dispute in violation of the principle of "reasonable and non-discriminatory" is one of the main form of antitrust now.This paper trys to sum up the factors court should consider when determining reasonable licensing fee by comparing the huawei case and relevant cases.About the use of ban,both domestic and foreign court attitude changed.Learn from the rules of the "red flag", obviously our courts shall does not support a ban in principle, but contribute to the licensing contracts and result in the largest range of standard use.Finally, this paper argues that the standard essencial patents antitrust is the most important and complicated problem in the antitrust field our country faced recently. We have met several related cases, and a large number of domestic enterprises suffering, however, a severe lack of relevant law enforcement and judicial experience, the courts can not regulate them verywell.So it is necessary to draw lessons from foreign experience and China’s specific situation to do further research on specific problems, build standard essencial patent licensing antitrust system, guide in the field of antitrust regulation, ensure the implementation of the standard, the fair competition market and the public interests.