Anti-monopoly Regulation Of Intellectual Property Abuse

Patent right abuse is the main performance of intellectual property abuse. When patent right is combined with the technical standard, the problem of right abuse becomes more complex and serious to deal with. The reason lies on the private interest of the patent conflicts with the public character of the technical standard. Standard-essential patent abuse acts shows in four cases: refusal to license, lack of proper disclosure, licensing violates FRAND rules and misuse of injunction relief.This research paper focus on the antitrust law regulation of these standard-essential patent abuse acts. The contents are divided into five chapters.The first chapter introduces the concepts and behaviors of intellectual property abuse, pointing out the reasons why intellectual property abuse is mainly related to patent right abuse, and why antitrust law is the most appropriate legal instrument to regulate intellectual property abuse. At the same time, an explanation will be made on the provisions of the China Anti-monopoly Law.The second chapter makes an introduction to the definition, emergence and evolution of both technical standard and standard-essential patent in detail. Based on that, an analysis of the combined effect of technical standard and patent right will be made, bringing out the main problem to be discussed: standard-essential patent abuse.On the third chapter four practical and representative cases will be described: Cisco v. Huawei cases, Dell Computer Corporation Cases, Huawei v. IDC cases and the injunction dispute between Motorola and Apple Inc., elaborates the standard-essential patent abuse acts.The forth chapter summarizes and analyses the regulations on standard-essential patent abuse by Standard Setting Organizations and both domestic and overseas laws respectively in order to evaluate the above provisions and points out the shortcomings.On the fifth chapter, suggestions are going to be made for the establishment of regulations on standard-essential patent abuse by Standard Setting Organizations and antitrust law to achieve the balance between public and the interests of the patentee.The research paper analyses the standard-essential patent abuse acts by logical analysis method, case study method, comparative analysis method and investigation method. And make suggestions on regulation of standard-essential patent abuse, based on the analysis and summary of the current domestic and oversea laws and standard organization policies. The goal of the research paper is to find effective regulation on standard-essential patent abuse by the combination of Standard Setting Organizations and antitrust law.