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Determination Of Abuse Of Market Dominance Of Standard Essential Patentee

Posted on:2016-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2296330461962280Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
In recent years,the field of information and communication technology industry(hereinafter referred to as the ITC industry) set off a wave of antitrust.Microsoft, Google and Qualcomm and other industry giants have been involved, which led to a worldwide strong focus given by both industry and legal profession on intellectual property standards and antitrust issues.The most striking one is the abuse of market dominance by standard essential patentee to limit and exclude competition. This paper selects Huawei v. IDG which is called "first case about standard essential patents in China " as the object of study, mainly discusses three issues including the definition of the markets of antitrust cases related to standard essential patent, the identification of standard essential patentee’s market dominance and the identification of constituting a monopoly by abuse of market dominance.This paper is divided into six parts.The first part is the case introduction. It tells us the situation below, such as, Huawei and IDG;the process that both sides make a standard essential patent licensing deal and then end up in court;the trial court case.The plaintiff sued the defendant about the abuse of market dominance in the process of essential patent licensing with monopolistic behavior,and violates their legitimate interests, request to order the defendant to stop infringement and 20 million yuan compensation for consequential loss. After two court trial, the second trial Guangdong Provincial Higher People’s Court upheld the original verdict, Huawei won.The second part outlines three controversy focus of the case, namely the definition of the relevant market, identification of the patentee’s market dominance and monopoly identification by the abuse of market dominance. All the above are the controversy focus because they are difficult to avoid.The third part gives the interpretation on the term about "Standard", "technical standard" and "standard essential patent", and analyze the relationship among them.And proposed when the patent is incorporated into the proposed technical standards that form a standard essential patents.The combination between patent and technical standard has its necessity. That inevitability gives the advantage also with the disadvantage, namely the abuse of standard essential patents.The fourth part gives a detailed analysis and discussion about the first controversy focus.When define the relevant market, we should consider both the commodity markets and geographic ones. The substitution of demand and supplement also should be considered. We ought to give more considerations about the product attributes and characteristics of standard essential patents.The features of Standard essential patent is the factor that must be considered of every aspect of the case, for this reason, this case is typical compared to the traditional antitrust cases.The fifth part takes analysis on the other two controversy focus. About the identification of market dominance,investigation should focus on market share, market competition, and the degree of difficulty of other operators to enter the market. About monopoly identification by the abuse of market dominance, the auther mainly applied "rule of reason" and considering all factors to make a rational analysis.The last part is the conclusion. It summarizes the core of the text on overall perspective. A number of suggestions are given to regulate the abuse of standard essential patent.
Keywords/Search Tags:Standard essential patent, relevant market, market dominance, monopoly
PDF Full Text Request
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