Study Of Anti-monopoly Regulation On Standard Essential Patent

With the continuous development of technology,more and more patents are included in the standard,so the standard essential patents are produced.The effect of standard makes the standard essential patentee to have a strong position in the license negotiation,and patentee's unreasonable use of strong position will lead to negative effects for competition,so it is necessary to anti-monopoly regulation.The anti-monopoly regulation of the standard essential patents involves the coordination between the Intellectual Property law and the Antimonopoly Law,so it needs to analyze the value conflict and carry on the value measurement of these two department law.In general,we should regulate the standard essential patents in order to preserve the competition order,the public interest,the consumer welfare and the promotion of standards.The patentee usually carries out the abuse of market dominance,and it's improper seeking of the remedy of an injunction can also be identified as monopolistic behavior,and should pay attention to the rationality analysis in the concrete cognizance.Once the patentee's behavior is identified as monopolistic,it should bear the corresponding monopoly liability,including civil liability and administrative liability,and requiring the patentee to implement FRAND royalty is the best way to cease the infringing act.In order to preserve the order of market competition,the rights of patentee should be restricted,including the restriction on the right of injunctive relief and the establishment of the compulsory license system.