Study Of Anti-monopoly Regulation On Standard Essential Patent Abuse

The integration of standards and patents has achieved the greatest effectiveness of the knowledge economy, and this combination has been a hidden danger for the abuse of the standard essential patents. In the process of standardization, congenital monopoly right owns new properties of public product, and occupies directly the dominant position in related market. Thus the negotiation between patents holder and potential users of standard began to change. Autonomy of private law can not reach a consensus in between two or more parties. Patent licensing in the patent law system will be difficult to sustain. What’s more, the dominant position after patent standardization is easily abused by the patent holder, and the patent will be abused to eliminate or restrict market competition under the temptation of interests. Developed countries with its accumulation of economic, scientific and technology carry out the patent standardization strategy, hold a dominant position in many fields and become owners of the standard essential patents; On the contrary, developing countries(including China) become the importing country of technologies, patents, standards from the developed countries and the worst hit areas of the abuse of standard essential patents. The IDC case is not accidental, but the lack of legal system let us be caught off guard. This paper intends to analyze the formation, implementation and withdrawal of standard essential patents, regard the "guidelines" as a core, and offer some legislative proposals for the monopoly behavior of standards essential patents.In the first chapter, the paper analyzes the integration process between the standard and the patent, the essential patent and the essential patent claim, and introduces patent licensing; The second chapter analyzes the possible monopoly behavior in the formation, implementation and withdrawal of standard essential patents; The third chapter introduces the current situation and problems of our country "s legislation; In the fourth chapter, the paper compares the anti monopoly experience of different countries,and provides a useful reference for the choice of domestic legislation mode; The fifth chapter argues the basic line of anti-monopoly for the abuse of standard essential patents, regard the "guidelines" as a core, and offer some legislative proposals for the monopoly behavior of standards essential patents.