Researchon The Anti-monopoly Regulation System Of Standard Essential Patent Abuse

With the continuous development of technology,Patents play a very important role in intellectual property competition.In the current society,most of the technical products are made up of standardized products,and the image illustrates the role of standardization.Standard-essential patent is necessary under this circumstance.A standard essential patent is an irreplaceable patent that must be used in order to achieve a certain standard.If the patent is not used,the required technical standard cannot be achieved.The emergence of standard-essential patents combines the publicity of standards with the private rights of patents and seeks to achieve maximum economic benefits.However,if the standards are controlled by enterprises,it is easy to have the abuse of patent rights,the emergence of refusal permits,unreasonable pricing and other restrictions on competition monopolies will not only affect the fairness of corporate competition,but also undermine the market order,and therefore must be addressed.Standards necessary patents for antitrust regulation.How to use the problems caused by the abuse of essential patents in anti-monopoly law standards,so that standard essential patents play their due norm and promote the role of enterprise development is the focus of this article.This article selected "Huawei v.United States Interactive Digital Corporation case" is a research object,and uses a variety of research methods such as case analysis and literature analysis.Apart from the introduction and conclusions,it is divided into four parts for discussion:The first part introduces the relevant basic theory of standard essential patents.First of all,it introduces the meaning of standards,technical standards,and standard essential patents.Then,the characteristics of the standard essential patents are analyzed,mainly the conflict and integration of standards and patents,which lays a good foundation for the following research.Finally,the meaning of the FRAND principle and the legal nature of the FRAND license are introduced.The second part describes in detail the acts of refusal of licenses,unreasonable pricing,tying behaviors and misuse of injunction relief for the abuse of the four standard essential patents.The third part explores the status quo and insufficiency of the anti-monopoly regulation of the abuse of standard essential patents in our country.On the one hand,it introduces the current situation of legal regulation in our country.On the other hand,it summarizes the shortcomings of China’s legal regulation:the lack of identification standards for the abuse of intellectual property rights,and the application of FRAND.There are obstacles to the principle and the lack of provisions to prevent the abuse of injunctions.The fourth part puts forward suggestions to improve the abuse of antimonopoly regulations in China’s standard essential patents.China’s existing "Anti-Monopoly Law"stipulates that the law governing the abuse of standard essential patents is too general.There are no specific penalties for the misuse of intellectual property rights.It also ignores the detailed standards for calculation of licensing rates.Based on this,the paper puts forward suggestions for improvement:to clarify the identification standards for the misuse of intellectual property rights;to clarify the criteria for determining the reasonable license fees under the FRAND principle;to establish a scientific and comprehensive permit system;and to clearly define the compositional factors of the abuse of injunctions,to create a harmonious and orderly market environment.