Research On The Antitrust Regulation Of Right Abuse In Standard Essential Patents

Standard essential patents promote the development of innovation, but also result the problem of standard Hold-up and competition-blocking. In practice, the right abuse behaviors on standard essential patents, some of which have seriously damage public interest, are increasing more. Though civil law, patent law and patent policy of organization for standardization play some roles in the regulation of right abuse behaviors on standard essential patents, there are obvious limitations as well which making the burden of effective regulation fell on the anti- monopoly law. Therefore, it‘s significant for the research on the antitrust regulation of right abuse in standard essential patents.Based on the problems mentioned above, the paper intends to discuss the right abuse behaviors consisted in the exercise of right on standard essential patents, as well as how to regulate through the anti- monopoly law. Based on the analytic result, I hope to propose some solutions or opinions to make the antitrust regulation of right abuse in standard essential patents perfectly. Firstly, the paper gives the overview on the research background, the purpose and the significance, and current research as well. The second chapter gives an introduction on the basic theory of standard essential patents. The third chapter analyzes the necessity and feasibility on the antitrust regulation, and how to judge the monopoly illegality of right abuse in standard essential patents. The fourth chapter analyzes the specific right abuse behaviors in standard essential patents, then giving the corresponding measure or method on the antitrust regulation on the basis of some cases. Finally, based on the current situation of C hina, I give some suggestions to perfect the antitrust regulation.