Explore Of Antitrust Restriction For The Abuse Of Market Domination By The Holders Of Standard Essential Patent

It has been highly concerned about the antimonopoly regulation in the field of intellectual property. The case Huawei Technology Co., Ltd. v. Inter Digital Corporation is the first standard essential patent case of China, which mainly involves the abuse of market dominance. The problems of antimonopoly regulation of standard essential patent cause many discussions among scholars.The special characteristics of standards determine that the abuse of essential patents contained in them may bring monopoly for the market. Therefore, it is necessary for the government and courts to restrict the certain acts, using the rules and regulations of antimonopoly law. China had a late start on the establishment of antitrust law, and less experiences of enforcement and trial. So the researches on the basic of the case Huawei Technology Co., Ltd. v. Inter Digital Corporation surely make sense to the improvements of the system.This article consists of four chapters.Chapter ?: Introduction of the case Huawei Technology Co., Ltd. v. Inter Digital Corporation, and the investigation for IDC from the National Development and Reform Commission. Then make it clear for the scope of research in this article.Chapter ?: Analyze the particularity of standard essential patent, by explaining the definition of standard and the essential patent. Distinguish De jure Standards and De facto Standards to illustrate the discrepancy of antitrust analysis between the two items. Considering the properties of standard essential patent, it is necessary and reasonable to restrict the abuse of the patent with antitrust law.Chapter ?: The abuse of market dominance is an important behavior in antitrust law, and has specific form of determination. In order to give accuracy consequences, this chapter will present analyses for each element.Chapter ?: This chapter contains two parts. In the first part, we need to discuss the current situation of antitrust regulation for the standard essential patent in our country. The second part will try to provide some advises for the perfection of China's regulations.