On Legal Regulation Of The Abuse Of Market Ascendancy By Standard-essential Patents Holders

In the process of patent standardization,although the implementations of standards become more normative and scientific,the standard-essential patents holders are inevitably suspected of abusing the market ascendancy.How to eliminate the possible of anti-competitive effect,in the process of standard implementation,is an important task of anti-monopoly law enforcement agencies and judicial institutions.This paper is divided into four parts.The first chapter defines the concept of standard-essential patents and analyzes its most fundamental nature of the unity of private welfare and public welfare firstly.Then,the paper wants to clear the necessity of legal regulation of the abuse of market ascendancy by standard-essential patents holders.Finally,the author analyzes the legal status of the abuse of market ascendancy by standard-essential patents holders in China,and discusses the practical application by the three classic cases.The second chapter is the focus of this paper.On the basis of the first chapter,the paper reveals the existing problems of legal regulation of the abuse of market ascendancy by standard-essential patents holders.It is mainly manifested in the following three aspects: the elements of standard-essential patents have the market ascendancy is not unified,the connotation of the FRAND principle is vague,and the legal provisions are not sufficient.The third chapter mainly compares the legislation and practice of legal regulation of the abuse of market ascendancy by standard-essential patents holders with the European Union and the United States,and hopes that enlightenment to the relevant legal regulations of china.The fourth chapter,according to above problems,the author puts forward some suggestions to improve the legal regulation of the abuse of market ascendancy by standard-essential patents holders in order to promote the relevant legislation and practice development,including legislate the guidelines of anti-monopoly law enforcement of intellectual property,define standard-essential patents relevant market in static and dynamic comprehensive way,clarify market competition and entry barriers as a consideration and so on.