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Standard Necessary Patentee Abuse Of Market Dominance Status Legal Regulation

Posted on:2018-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:X N ZhouFull Text:PDF
GTID:2346330515969739Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Since the "Huawei v.Interactive digital company case" and "Qualcomm monopoly case" since the standard of the necessary anti-monopoly regulation of the patent issue caused the industry's attention and attention,many scholars in the relevant areas for its specificity and the need for regulation Sex writing a lot of articles.As the standard necessary patent is formed on the basis of the combination of standards and patents,it is different from the anti-monopoly law for the general operators whether the market dominance of the analysis and decision ideas,for the standard necessary patent holders have The dominant position of the market analysis and decision-making ideas are also special.At the same time,the standard necessary patent as part of intellectual property rights,but also has the intellectual property itself intangible characteristics,coupled with the knowledge economy era of rapid development of the technology market and other reasons,resulting in the standard necessary patent owners abuse all the dominant position of the market behavior.We need to conduct in-depth research on the abuse of market dominance by the rights holders in this field.Standard Necessary patent right is a special patent,which embodies the characteristics of locking.Under the role of this locking feature,the standard necessary patentee is easy to form the market dominance.In order to obtain the maximum benefit,the standard necessary patent The right people often use the dominant position of the market to implement some of the abuse,the normal order of the market competition caused by damage,so the need for legal abuse of the rights of the right to regulate.The necessary theoretical basis for the abuse of market dominance includes: the standard theory of public welfare,the theory of private property rights of patent rights,the theory of technical standardization and the theory of fair competition order,and the regulation of law is also the basis of relevant principles,Including the principle of balance of interests,the principle of equal treatment,the principle of rational analysis and the FRANT principle of the standard organization.With the theory and principles of this basis as a guide,the specific regulatory methods will be more clear.First of all,consistent with the handling of foreign judicial practice,that is,because the right holders to hold the standard necessary patents directly presumed to have a dominant market position,whether the standard necessary patent holders have a dominant position in the judgments,in addition to China's "antiThe basic analysis of the framework of the law that the first definition of the relevant market,after the determination of the dominant position in the market,but also the following three factors into the scope of consideration: the standard itself has the market forces,the standard of their own competitive situation,standardized organization patent The actual capacity of the holder.Second,the dominant position of the market is not necessarily subject to the "anti-monopoly law," the special regulation,"anti-monopoly law" is regulated by the use of market dominance of the implementation of some of the abuse of abuse,such as abuse of the ban,patent tying,unfair,Denial of license,price discrimination,and the consequences of these actions that adversely affect the market competition order.In practice,Huawei v.IDC case,high-pass case,Motorola ban case for the analysis of these abuses to provide processing experience.In practice,the standard necessary to abuse the market dominance of the market is suspected of exclusion,restrictions on competition in the case of high-tech areas,involving a large number of scientific and technological problems,it is usually difficult cases,not only need to improve the law to regulate.In this regard,first of all,China should be in the existing "on the abuse of intellectual property rights antitrust guidelines(draft)" on the basis of regulatory standards necessary to abuse the patent system,such as the FRAND principle into the basic principles,the Economic analysis as an anti-monopoly law enforcement agencies to investigate one of the main means of the case,the abuse of the ban on the assessment and recognition based on the parties to the external behavior of the comprehensive analysis and evaluation based on the second,due to the standard necessary patent litigation and FRAND The principle of a more closely related,in the commercial license,the standard necessary patent holders to follow the principle of FRAND licensing the most direct manifestation of the embodiment is that there is no licensee to implement a higher license fee,so the law necessary for the standard patent The regulation of abusive behavior requires not only the judiciary's determination of the necessary patent licensing rates in the litigation,but also the law enforcement agencies to improve the level of enforcement and to strengthen cooperation with other departments and other anti-monopoly law enforcement agencies.Through the legislative,judicial,law enforcement of these three aspects of perfection,in order to better realize the law on the standard necessary patent holders abuse the market dominance behavior regulation.
Keywords/Search Tags:Standard necessary patent, Related market, Market dominance, Abuse behavior, Regulation
PDF Full Text Request
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