Study On The Determination Of The Standard Essential Patent Licensing Royalty Under The Principle Of FRAND

In order to obtain greater economic benefits,many people often make patent standardization strategy,striving to their patents towards standards direction,and striving to make their own patent has become the national standard or international standards.However,when the patent is included in the standard,it will have a different impact on the standard essential patent holders and the standard essential patent implementers.As far as the standard essential patent holder is concerned,the monopoly of the patent has been further strengthened,when the patent is included in the standard,which leads to the fact that the patent holder has the absolute status in the licensing negotiations of the patent.In the interests of the "lure",the standard essential patent holders often use this advantage to ask for unreasonable and discriminatory licensing fee from the standard essential patent implementers.However,for the standard essential patent implement,the main way to gain more benefits is reducing costs.Because the patent license fees often occupy a large proportion in the cost of production,therefore,in order to reduce costs and increase their own income,the standard essential patent implementers pay lower licensing royalty for the pursuit of the target.Although they have the same interests goals,one is by increasing the cost of patent licensing fees,and the other is to reduce the cost of patent licensing fees.Therefore,for a long time,because of royalty fees,there is a dispute between the standard essential patent holders and the standard essential patent implementers.In order to balance the interests and ease the contradiction between the two,the theoretical circle and the judiciary formed a FRAND principle to determine the standard essential patent licensing fees.However,the FRAND principle is only a macro guiding principle.The principle and the lack of maneuverability are its important characteristics.Therefore,how to determine the license fee for the standard essential patents under the principle of FRAND is still a difficult problem of intellectual property.This paper is divided into four chapters.The first chapter mainly explains the basic theory of the essential patent licensing fee and the FRAND principle,which include two parts,one is the basic theory of the essential patent licensing and the other is the basic theory of the FRAND principle.Among them,the basic theory of standard essential patent licensing covers the standard essential patent definition,standard essential patent licensing,and ISO patent licensing policy;the basic theory of the principle of FRAND including the FRAND principle of the origin,connotation,nature and the necessary of its involved in the licensing fees of standard essential patents,those are the prerequisite and basis for interpretation this paper.The second chapter,the author analyzes the current situation of the system and the judicial status of our country's patent licensing fees under the principle of FRAND,and sums up the shortcomings of our country in determining the licensing fees of patent licensing of FRAND standards.The third chapter is the extraterritorial investigation of the standard essential patent licensing fees under the FRAND principle.Through the analysis and summary of foreign FRAND in determining the standard essential patent licenses' gains and losses,to provide experience to determine our country's patent licensing fees under the principle of FRAND.The fourth chapter,determining the standards essential patent license fee under the principle of FRAND in our country.Based on the analysis and summary of the previous chapters,this part puts forward the factors and the rules of calculation in determining the essential patent licensing fee under the principle of FRAND.