Study On Anti-monopoly Relief Of Abuse Standard Essential Patent

Science and technology are primary productive forces.With the continuous development of high and new technology,technology innovation has been sped up and economic globalization is increasingly strengthened.Standard-essential patent is necessary under this circumstance.Joining the standard and patent together,makes the need for a standard-essential patent.The production of standard essential patents,the standard of the public and the private rights of patent fuses in together,can obtain the biggest economic benefits.But,due to the contradiction between them,it inevitably causes the abuse of rights.Although now parties make necessary patent license and explains the connotation of the principle of FRAND requirement,it is still abstract,which is also the cause of the abuse of standard necessary patent.About standards necessary patent abuse,they are generally considered as FRAND requirement under the principle of patent abuse,including unreasonable to refuse permission,ban on abuse of rights,the standard essential patents with non-standard necessary patent tying or package license,and the unreasonable pricing in violation of the principle of FRAND requirement.Under this circumstances,the search for a standard criteria against patent abuse is very necessary.In view of the antitrust relief standard necessary patent abuse,efforts need to be made from two aspects of law and practice by means of case law and practice home and abroad,to find relief way in practice.Through the comparative study,standard necessary patent abuse of antitrust relief ways in our country are proposed.