Abuse Standard Essential Patents Antitrust Regulation

Standardization of high-tech field has become an irresistible trend, incorporating patented technology standards become seize the commanding heights of the market Developed countries are usually the technical standard to rise to the height of the "national strategy". However, some rely on independent research and development in our country go abroad to participate in international competition of enterprise facing the domestic lack of legal protection and legal system and improve the national strict constraints. In domestic technology-intensive companies face large multinational patent monopoly helpless, but they also act in a foreign country by sound antitrust laws strictly regulated. Especially with the standard essential patents to gain market dominance in the field has a monopoly of enterprises is blocked by the technical standards necessary to effect the abuse of market standard patent licensing process which is monopoly behavior rather than the protection of intellectual property rights.These phenomena seriously restricts the healthy development of relevant industries in China. As is known as the "China standard essential patents antitrust dispute" the first case of huawei v. United States IDC Company case ended, our standard essential patents FRAND licensing regime applicable antitrust and innovation in the field of justice attracted international attention,Which provided a guarantee for the development of domestic enterprises. However, compared with foreign perfect anti-monopoly law regulation of patent abuse,our country started the development of the anti-monopoly law enforcement system is not yet mature. As the global economic situation has become increasingly complex,its influence scope expands unceasingly. Intellectual property rights protection perfect system through the development of comprehensive guidelines, principles and report forms to refine the antitrust laws and enhance its practicality and operability to deal with the case involving standards essential patents abuse.Therefore, it is necessary to learn from foreign using the antitrust laws to regulate abuse of standard essential patents rights implementation of eliminate or restrict competition to provide theoretical guidance for regulation problem of standard necessary patent rights abuse.This article is divided into five parts except the preface and epilogue text: T The first chapter introduces the basic theory related standards essential patents. This part first introduces patents, technical standard, the basic concept of standard essential patents and reviews the technical standardization of the development process.Then, analysis the standard essential patents’ characteristics which expanded the abuse of standard essential patent scope. There may violate the antitrust laws are designed to protect the legal interests. Finally, By comparing the characteristics summarized by antitrust regulation standards essential patent abuse behavior. Define the differences between the general standard essential patents rights abuse behavior and anti-monopoly regulation standards essential patent abuse behavior.In this article the abuse behavior of standard essential patents which violate the antitrust laws is the research object.The second chapter analyzes the abuse of standards essential patent monopoly identified. This part of the analysis steps in accordance with the general antitrust enforcement against abuse of monopoly patents essential standards were identified.Analysis of the judgment of Huawei v. United States IDC in China,the NDRC Qualcomm administrative penalties and some typical cases abroad to provide a theoretical basis for monopolistic behavior identified.Analysis of common abuse of market dominance, concentration of business operators, seeking injunctive relief arising hostage patent and other antitrust behavior.The third chapter describes the legal options necessary regulatory standard patent abuse. This part first analyse the causes of monopoly abuse and found deep-seated reasons for standards essential patent abuse interpretation of patent abuse of antitrust regulation system pave missing. Second, in many ways to illustrate the necessity of selecting antitrust laws to regulate the abuse of standard patent system is necessary.The fourth chapter examines the other countries of the abuse of the standard essential patents rights necessary regulatory standards. This part reviews the US, EU, Japan from the early to the new economic era of patent misuse regulatory policy changes and summarized the practices of United States and Europe dealing with standard essential patents issues from standard antitrust perspective FRAND licensing system and injunctive relief. such America reasonable analysis principles, strict EU principle of immunity as well as Japan the overall purpose of the behavior and a balance of interests to consider as experience is worth our reference.The fifth chapter discusses the progress of abuse of patent antitrust regulation necessary legislation and suggestions.This part introduces the latest progress on the abuse of standard essential patent antitrust regulations related legislative documents.Then make recommendations to improving our standard essential patent abuse antitrust regulation under the status quo of China’s legislation.