On Standard Necessary Patent Abuse And Anti-Monopoly Regulation

When the "patent" in the field of private law property rights are incorporated into the standard,the specific exercise of their rights is no longer simply the patentee's personal conduct,especially the necessary patents incorporated into national and international standards,the right holder to exercise the patent The behavior will be subject to more norms and restrictions.Because once a patented technology becomes the necessary patented technology in the standard requirements,then the patented technology becomes the patented technology that all operators who want to compete in the commodity market have to use it,which also leads to the patented technology Under the relevant market is unique and irreplaceable,so when the patentee in the standard necessary patent is implemented in the process of abuse of their individual rights will inevitably produce restrictions and hinder the effect of market competition.The widely accepted FRAND principle is a fundamental principle that is achieved in order to prevent the need for standard abuse of patents.But because there is no unified,official international standards organization or international standard uniform agreement in the world,a patent is included in the standard is more part of the organization,the results of negotiations between individuals to compromise,which leads to when the standard necessary patents In the specific implementation of the problems arise,FRAND principles due to the lack of coercion,one can not be a good solution to the necessary conflicts around the patent;the second is based on the principles of the referee in the actual implementation process can not achieve good results,The phenomenon of human hijacking is happening again and again.The traditional view is that both intellectual property and antitrust laws are contradictory:the patent right is an exclusive monopoly right created by the law for the right holder,that is,the right person can use his own intellectual results to obtain exclusive economic benefits Others against the anti-monopoly law is to eliminate the monopoly,to promote free competition in the market economy.In fact,intellectual property law and anti-monopoly law is not contradictory,but complement each other to promote relations,they are unified in the promotion of competition and the protection of consumers.In a fair and free market environment,by giving the patentee a certain degree of economic interests to stimulate their creativity,and thus promote the rapid development of the market.This article is based on the premise of such an understanding.The first chapter first elaborates on the essential concepts of standard essential patents:standards,patents and standards necessary patents,understand the background and necessity of the necessary patents,and then introduce the internationally accepted FRAND principles,understand the causes of their occurrence,and In the process of application due to the lack of mandatory principles of FRAND,resulting in operability is not strong,prone to standard necessary abuse of the patent.The second chapter mainly introduces the classification of specific abuses under the standard necessary patent right.These behaviors are the behaviors that are frequently encountered in economic life.Through the analysis of these specific behaviors,we understand the specific constituent elements of these abuses and Market competition.The third chapter mainly discusses the antitrust regulation of the abuse of the previous chapter,and also the focus of this article.The first section of this chapter defines the nature of the abuse of the necessary patent rights,since the necessary patents have absolute market dominance in the relevant market,so this article defines the standard necessary patent abuse as a market monopoly.The second section of the next section compares the different provisions of the patent law and the anti-monopoly law on the behavior of the patentee,analyzes the necessity of applying the anti-monopoly law regulatory standards necessary for the abuse of the patent right.The third section of the content according to the discussion of different standards,divided into three parts.The second part is based on the different legislative aspects,from the perspective of international law focus on the WTO perspective on the issue of the issue of the United States and the European Union in this regard,according to the different aspects of legislation,The last part is on the issue of China's relevant legislation on the practice of analysis and discussion,after comparison is not difficult to see our legislation in the standard of the necessary patent issues there is a certain lag,which is China's economic development is Very unfavorable,which also forced our own law to improve.The fourth chapter is the end of the article,this chapter is mainly in the analysis of how to use the law at home and abroad to standardize the necessary patent abuse of the standard,according to the current standard of the necessary patent regulation process some problems,Some simple regulatory advice.