The Study On Legal Problems Of Standard Essential Patents

In the background of technology innovation and the deepening of global economic integration,the combination of technical standard and patent becomes inevitable.Technical standard means in order to make products or services meet the requirements of safety or market access,standards organizations enact files containing details of technical requirements and relevant techniques,with mandatory provisions and the function of guidance.Patent refers to the proprietary rights of inventors or creators granted by national authorities for their creative intellectual achievements .Through combining technical standardwith patent,enterprises can effectively enhance their market competitiveness,persue the greatest economic and social benefits.Technical standard is for the sake of public interest,but the nature of patent right is private right.Thus,conflicts are inevitable with the combination of technical standard and patent right,which triggers relevant legal issues and is not conductive to the technicl standard's role into full play.Thus,this article will discuss about the legal issues relevant to standard essential patents.This paper is divided into four parts.The first part is a general overview of standard essential patents,which mainly introduces the concept and particularity of standard essential patents,as well as some problems caused by standard essential patents.Different from the pantent,standard essential patents is the combination of technical standard and patent.It should be in accordance with the principle of FRAND requirement for implementation, and it involves public interest.The second part is about how to identify standard essential patents, includes the significance of standard essential patents,identification factors of standard essential patents and the identification organizations. When judge the standard essential patents ,we should consider factors of technology and law,while commercial factors are eliminated.The third part discusses about lagal application problems of the principle of FRAND,including three parts.The first is about the connotation of the principle of FRAND.The second analyses the legal nature of the principle of FRAND commitment and the lagal remedy for violation of FRAND commitment.Then is about the study of license fee.FRAND commitment is just a expression of willingness,and it doesn't mean the contract relationship is established between the patentee and implementers.When the patentee violates FRAND commitment,standard implementers can seek relief on the basis of anti-monopoly law.The fourth part of the paper is about injunctive relief ,which covers the influence of FRAND commitment to injunctive relief,different viewpoints about the application of injunctive relief and the application conditions of injunctive relief.FRAND commitment doesn't mean giving up the right to injunctive relief,and conditional application of injunctive relief can protect the right of patentee.