Research Of Antitrust Regulation On Standard Essential Patents

Now in the economic globalization,the development of the knowledge economy is more obvious and fast,which also leads to large multinational corporations in the world no longer use patent as a kind of legal protection measures,but formulation the patent strategy,by charging high licensing fees,refusal to license,"the patent array" and so on the abuse of intellectual property rights market dominant position to maintain its competitive advantage.The abuse of standard essential patents is particularly evident in the global scope.The standard necessary patent is a combination of standard and patent,has obvious dominant market position and competitive advantage.The commonality and uniqueness of standard and the exclusive of patent make the standard essential patents bring to the owner of patent right resistless temptation of profit,so in the pursuit of profits under the guidance of the standard essential patents the owners often only pay attention to and use its dominant market position and neglect of the publicity and openness,usually violating the principle of "FRAND"(Fair Reasonable and Non-discriminatory),and breaking the anti-monopoly law.In the process of the reform of China's socialist market economy and the participation economic globalization,large transnational enterprises use patents especially standard essential patents eliminating,limiting competition and hinder the development of enterprises of our country is very serious and difficult to solve,such as the recent years "in violation of the" FRAND principle "Qualcomm case" and "HUAWEI v.the IDC case" and millet and other communications equipment and information industry in the world frequently suppressed events,show that the large transnational enterprises are using standard essential patents threat and suppress Chinese enterprises,hindering the reform of market economy in our country.Anti monopoly law regulation of standard essential patents in China has become the focus,difficult and hot in China's anti-monopoly field.2015 year in December 2nd the StateCouncil Legislative Affairs Office announced the "People's Republic of China patent law amendment bill(Draft)",adding "patent and the exercise of patent rights in article fourteenth shall follow the principle of good faith.The abuse of patent right shall not damage the public interests or unreasonably excluded restrict competition." the principle provisions and in eighty-fifth added the standard necessary patent implied license system.This is a great progress of antitrust in the field of intellectual property rights in China,but it is out of reach to rely on patent act that protects human private rights to regulate the abuse of patent transactions in the market.China's anti-monopoly law promulgated only has a few years of history,although making some wildly beating gongs and drums of supporting regulations and guidelines,but limited with the administrative legal enforcement organs lack of experience of intellectual property antitrust enforcement and did not have definitive intellectual property antitrust law,antitrust regulation of standard necessary patent is not satisfactory.In view of this,this paper is from the point of antitrust on standard essential patent,by summarizing the domestic research and application of foreign related legal research as well as International Standardization Organization of patent policy FRAND principle,explore the effective path of anti-monopoly regulation on standard essential patents.This paper includes the following contents in logic structure.The first chapter discusses about the content of monopoly,the economics and legal theories of monopoly,the profit analysis of monopoly,the types of monopolistic behavior and the regulation of that.The second chapter introduces the standard essential patents,the concept of standard essential patents and the FRAND principles which are closely related to the standard essential patents.The third chapter is about the antitrust analysis of the standard essential patent,which is the necessity of the antitrust regulation of the standard essential patent,the monopoly affirmation of the standard necessary patent and the specific behavior of the abuse.The fourth chapter through the analysis and summary of relevant legislation in foreign countries,mainly compared with the United States,the EU and other developed countries,whose patent act and antitrust law have a long history.Based on them and rooted in China reality,put forward the antitrust strategies about standard essential patents,which are appropriate for the socialist market economy system of our country.