The Research Of Exercising Rights Of Standard-Essential Patents Under The Anti-Monopoly Law

The paper is divided into three parts. The first part introduces the concept of standard-essential patents(SEPs), the relationship between SEPs and nonSEPs, the relationship between SEPs and patent pool, making clear that the thesis is on the exercising rights of SEPs in the implementation process of technical standards, not the one of establishment.Part two provides a basic framework of exercising rights of SEPs under the anti-monopoly law from qualifications, methods, difficulties and key points, through discussing the case of Microsoft-Nokia Merger and the lawsuit between Huawei and IDC.Suggestions have been issued in the third part from the legislative, executive and judicial aspects, combined with the latest legislation dynamic “the regulation about forbidding the abuse of property rights to exclude or limit competition” and the Qualcomm case in China and that in Korea.