The Boundaries Of SEP In The EU Competition Law

In recent years, there have been a lot of problems in the field of competitive law,especially during the implementation of SEP (Standard essential patent). These problems have become hot issues in the field of anti-monopoly law enforcement. The patent right legal system and competition legal system should have a consistent goal,however, based on the current problems, the two systems have inevitable contradictions that are getting more intense. How to balance between SEP and free competition, at the same time to simulate innovation and safeguard the interests of customers has become an issue to be solved that be must faced by many countries.This report will start with the case that Huawei sued ZTE in EU (European Union)in 2015, focusing on the analysis and study of the boundaries of SEP in the competition law. Through the analysis the provisions of the EU and the relevant practices, find out the issues of SEP that need to be solved in the field of competitive law. These problems should be given considerable attention in the field of patent rights and competition law in China. This report will study the boundaries of SEP in competition law in EU, at the same time integrating the current application situation of SEP in China, to talk about the inspiration and lessons for China.The text is divided into four parts:The first part: Through the introduction of the case that Huawei sued ZTE in EU,and the analysis and the evaluation of the different viewpoints of German Dusseldorf court and the European Court, leads to the study object of this report: the boundaries of SEP in competition law.The second part: Analyzing the regulatory approach towards the SEP in the filed of competition law, and the practices in relevant cases. Theoretically, analyzing the article 102 and the principles of its inherent based on "THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION". In practice, selecting Motorola case and Samsung case for evaluation.The third part: Through the analysis of the regulatory of EU, and the summary of the practical experiences, point out the issues faced by SEP in the filed of competition law. The issues are respectively: 1, how to determine the dominant position of SEP holders in the market; 2, how to identify whether the potential SEP holder is in good faith or not; 3, the issue of SEP hold up due to the antitrust regulation. At the end, make relevant recommendation.The fourth part: Analyzing China's current related regulations towards SEP in competition law in the legislative and judicial level, through the comparison with the relevant regulations EU, sum up the issues and gaps in China's legislative practices.Moreover, draw lessons from EU experiences, put forwards the inspiration and enlightenment for SEP in competition law in China, that is: 1, participate in the international competition, correctly understand the value of relationship between the protection of intellectual property rights and the maintenance of free competition, 2,refine the rules of anti-monopoly law enforcement and clarify the boundaries of SEP in the competition law.