The Anti-monopoly Regulation On The Abuse Of The Dominant Market Position Of Standard-essential Patent Holders

The knowledge economy society has made change of the market competition from closed and regional market to an open and global one.The core of today's competition is information and knowledge,which encourage the process of patent standardization.Technical standard,which combines patent and other intellectual property,plays an important role in current market competition to maximize the technology and intellectual property's efficiency,but such combination also brings on patent abuse from patent holder.Patent right gives patentees the exclusive and statutory rights to protect their own right,but such right does not mean that he has the absolute monopoly power.Technical standardization will virtually enhance patentee's market power and dominant position for the technical or commercial unsubstitutability of standard-Essential patents(SEPs).So,at this point,patentee would be easier to abuse intellectual property right during patent license,negotiation and litigation with the advantage of exclusive right and market position to exclude or restrict competition from the market and to maximize its individual interest by abusing the dominance market.With the promulgation of final judgment of Huawei v.IDC case,also called as t the first antitrust case of SEPs in China,judiciary and academics pay much attention to the antimonopoly law's application on the abuse of the dominant market position of SEPs holders.However,compared with the foreign anti-monopoly law applied too the abuse of patent right,Chinese anti-monopoly law system is still very imperfect.Chapter two delimited the basic concept of SEPs and the relevant concepts of anti-monopoly and chapter three analyzed the disadvantages of patent law,contract law and standard organization in regulation SEPs holders,as well as the advantages of anti-monopoly regulation on the abuse of dominance market position.Chapter four and chapter five identified and discussed the scope of relevant market and the standard of dominance market position with theory and case analysis.Also,in these chapters,some typical monopoly behaviors would be covered and questions would be exposed.Through the analysis of the above chapters,the final chapter mainly focused on how to solve the problem and proved suggestion in accordance with the Chinese current situation in litigation and judiciary to better improve the society's development.In this chapter,the suggestions covered litigation,improvement of F/RANF principle and information disclosure system and injunction relief,and the improvement of anti-monopoly review.With the comparative analysis,casa study,literature analysis and economic analysis method,this study tried to provide useful,practical and theoretical suggestion to better improve Chinese development based on the recent litigation and practice at home and abroad.