Criterion Of The Need For The Abuse Of Market Dominance By The Patentee And The Application Of The FRAND Principle

With the arrival of the sci-tech era and information era, the standards-essential patent becomes increasingly important and the educational circle is more and more concerned about the study on the antimonopoly law of standards-essential patent. Since many lawsuits on the standards-essential patent occur in recent years, the educational circle of China begins to think seriously over the new legal issue. From the perspective of the monopoly law, this thesis gives an introduction to the concept of standards-essential patent and takes the specific case of Huawei suing the US IDC as an example to provide some reflections and suggestions for the regulation of the antimonopoly law of standards-essential patent in China. It consists of four parts: The first part introduces the concepts on the standards-essential patent, summarizes relevant laws and views of scholars at home and abroad by means of normative analysis and comparative analysis and finally obtains the definitions of standard, technical standard, standards-essential patent. The second part takes the case of Huawei suing the US IDC as an example to introduce relevant issues on the antimonopoly law of standards-essential patent, including the definition of relevant market, dominant market position and the abuse of dominant market position. The third part discusses the application of the FRAND principle for the standards-essential patent and mainly explains the content of the principle of fairness, rationality and non-discrimination and the relationship between the injunctive relief and FRAND principle. The fourth part proposes some suggestions on the standards-essential patent in China according to the regulation of current laws and rules on the standards-essential patent, relevant laws and judicial practice.