Research On The Application Of FRAND Principle In Standard Essential Patent Licensing

In the society of knowledge economy and information era, patent standardization has become a trend of technological innovation and even as an important indicator to measure the market competitiveness of operators. The developed countries and some developing countries have taken into patent in technical standards in order to maximize the interests of the market. Standard essential patent is the product of the combination of patent and technical standard, but there is a contradiction between the monopoly of patent right and the public nature of technical standard, the conflict between private interests and public interests leads to standards essential patent licensing problems. The principle of FRAND permitted by the standardization organization is generally considered to be the important institutional arrangements to solve these conflicts and balance the interests of different subjects. However, due to the abstract nature of the FRAND principle and the operation is not strong in practice, in recent years, there have been a lot of disputes in the international scope of litigation around the standard essential patent licensing. Therefore, it is necessary to further more fully explain the meaning of the principle of FRAND and the application of this principle. This article will conduct the research from theoretical and empirical aspects for the application of standard essential patent licensing in FRAND principle, in order to make the standard essential patent licensing behavior more standardized and achieve the value of FRAND principle.This article is divided into four chapters. The first part analysis the standard essential patents and licensing, focuses on the identification of standard essential patents, studies the influence of the patent licensing and the existing problems in the balance of interests after the combination of patent and technical standards. The second part discusses the connotation of the principle of FRAND, analyzes the premise of the principle’s creation and application, and discusses the specific meaning of the content contains in the principle of FRAND. The third part studies the specific application of FRAND principle in the standardization organization and licensing practices, clears that standards essential patent licensing in violation of FRAND principles can be actionable, and through a comparative analysis of different cases of international experience for solving the FRAND disputes. The fourth part puts forward some thoughts on the construction of the comprehensive legal guarantee for the application of FRAND principle, and perfects the relevant system of the standard essential patent FRAND license, in order to achieve the standard essential patents licensing behavior is fair, reasonable and non-discriminatory purpose.