Research On The Reasonable License Fee Rate Of Standard Essential Patent

Abstract:Following the standardization process developed deeper and deeper, patents standardization have become the very important subject of globalisation and development today. The most significant feature of technical standard is guiding and coerciveness.After the patents were brought into the technical standards. the new word "Standard essential patents" was in our sight. After they mixed together, the unequal negotiating position of the two parties was formed, and then, the patentee took advantage of the occasion to ask for the unreasonable license fee. So in order to prevent the higher license fee the standards-setting organization ask the patentee who want to participate in the standards to must make a licence commitment called "FRAND" which means fair, reasonable and non-discriminatory and hope preventing rising the patent licence contradiction through the "FRAND" principle. But the standards-setting organization don’t specify for the "FRAND" principle and the standpoint is fuzzy, make the "FRAND" principle still fuzzy and unobvious, so it’s hard to achieve the desired affect.The whole thesis is divided into four chapters:chapter Ⅰ is the basic theory of the patent licence with technical standard.Focus introducing some basic questions such as the definition of the technical standard,the fusion of standard and patent,the patent licensing policy of the standardization organizations and FRAND principle.The explanation of these basic questions is the premise and basic of the discussing in this thesis.Chapter Ⅱ focus on explaining the significance and perplexity of reasonable application in FRAND.And combining the case of license fee dispute to analyze and discuss the justiciability of reasonable license fee detailedly.On the basic of the two chapters above,chapterⅢsummarizes some principles of confirming reasonable license fee rate,in order to have a grasp of the overall about the reasonable license fee rate.The last chapter focus on the point thinking elements and specific computing method of confirming reasonable license fee rate.Illuminate the viewpoint of this thesis on the basic of analyzing advantages and disadvantages of every methods.The last part of my paper reiterate the viewpoint of this thesis and looking into the distance of FRAND principle on the basic of summarizing important theory of this thesis.