Abuse Of Standard Essential Patent Rights And Its Legal Regulation

In recent years,the issue of patent disputes related to technical standardization and related standards has attracted widespread attention in various countries around the world.The contradiction between the exclusivity of intellectual property rights and the extensiveness of the implementation of technical standards makes the issue even more complicated.Dealing with the balance of interest between the necessary patentee and the standard implementer is the key to solving the issue of patent standardization.In practice,the standard-essential patent right holders are mostly industry leaders,and they can easily create market barriers.Therefore,it is necessary to regulate the behavior of people with standard essential patent rights through legal means.From this perspective,the author studies and explores emerging issues of standard essential patents from domestic law to international law,from public law to private law.This article is divided into five parts.The first chapter first expounded the basic theory of standard essential patents,and elaborated the common legal problems that are caused by standard essential patents,namely abuse types,from the standard setting process and the standard implementation process.Subsequently,in the second chapter,the author summarizes the measures for abusing standard essential patent rights at the private law level of the contract law and the patent law,focusing on the interpretation of the FRAND principle and demonstrating that the FRAND licensing commitment should not be regarded as a contractual point of view.Because the standardization organization's intellectual property policy lacks clear and specific provisions on the FRAND principle,FRAND permit commitments often linger in form,lack of strength,lack of effective constraints on members,and private regulation is usually used in the regulation of abuse of standard essential patent rights.Do not achieve the desired effect.Therefore,in order to more effectively regulate the abuse of necessary patent rights in technical standards,it is mainly necessary to rely on antitrust enforcement actions and judicial relief.In the third chapter of this article,the author focuses on the judicial practice in China and uses Huawei as a clue to the IDC case and the Qualcomm monopoly case to creatively summarize the general ideas for the abuse of standard essential patent rights under the anti-monopoly regulation system,and comments on the “abuse of intellectual property rights”.The Anti-Monopoly Enforcement Guidelines provide advanced measures to address the abuse of standard essential patent rights.In the fifth chapter,the method of supplementing the abuse of standard essential patent rights at the international law level is summarized.Finally,the author makes a comprehensive judgment of the legal value of the monopolistic behavioral characteristics of essential patents in the research frontier view of standard essential patents and technical standards at home and abroad,and puts forward measures and ideas for formulating regulations that are necessary for the standard essential patents.