Research On The Regulation Of Antimonopoly Law Of Standard Essential Patent License Fee

With the strategy of national intellectual property propelling, it is appearance that the conflict among different interests has been brought about by the combination of technical standards and intellectual property rights. From the perspective of intellectual property rights, patent right is a kind of legal monopoly power, but the standard necessary patent right is a special part of the patent right, which has its own unique characteristic. Moreover, in practice, the owner of standard essential patents tends to abuse its dominant force which exists in the relevant market, directly or indirectly charging high monopolic license fees. It not only destroyed the industry healthy development, but the competition order. Therefore, from the perspective of anti-monopoly law, regulating the high monopolic license fees of standards essential patent can promote healthy development of patent licensing and utilizing.Patent system is significant to the development of social technology. In the practice of China’s anti-monopoly law enforcement, the standards essential patent rights abusing has been paid more and more attention. Licensee will be charged high license fee through abusing the standard essential patent right, which the result of a series of exploitation and the joint action. In this paper, based on the analysis of the high price of standards essential patent and the fact of its abuse, the unfair high prices reasonable interval and criteria will be discussed, in order to solve the problem of unfair high price. The problem of high price of standards essential patent and the problem in the process of the regulation of anti-monopoly law, including protection, incentive problems, and the balance of interests, which will protect the market competition order. Finally, some constructive suggestions will be put forward, hoping to improve the relevant system and promote the healthy development of the socialist market economy.