A Comparative Research On The Regulation Of Anti-monopoly Of Standard Essential Patents In EU And US

Standard essential patent refers to a patent that protects technology essential to a standard. With the progress of technology and the development of innovation economy, standards and intellectual properties play an increasingly more important role in information and communication technology industry. However, once the patent holder misuses his standard essential patents, it will limit competition and do harm to the consumers' profit. Therefore, it becomes common concerns of competition law issues of standard essential patents in nations of the world. The European Union and the United States as the world most active area of standard setting, its anti-monopoly regulation of standard essential patents is relatively perfect. While our country is starting to address the concerns of standard essential patents in recent years, the regulation of the anti-monopoly of standard essential patents is still in early stages. Through the comparative research on the regulation of anti-monopoly of standard essential patents in EU and US, the author tries to draw some advanced experience to further perfect the relevant anti-monopoly regulation in China.Since standard essential patents includes the characteristics combined with private interest of patent and public welfare of standard, the balance of interests is the key in the anti-monopoly regulation of standard essential patents. This paper overviews the general principle of standard essential patent and its regulation of anti-monopoly at first. Then this paper focuses on the comparative study on the anti-monopoly regulation of standard essential patents. At last, this paper analyses the current anti-monopoly regulation in China on the basis of the comparison mentioned above of that in EU and US. The author points out defects in the current legislation and makes some recommendations on the continued perfection of anti-monopoly regulation of standard essential patents in China.