Abuseing Standard Essential Patents Of Antitrust Regulation

The 21st century is an era of rapid technological development and an age of knowledge explosion era.Advances in cutting-edge technologies such as artificial intelligence,information communication technologies,and network technologies are staggering.In this kind of rapid development era,intellectual property rights was already became a core element of a country’s ability to improve its international competitiveness,and the number of patents has become an important measurement of whether a country has the ability to innovate.China is firmly implementing the strategy of innovation and development while moving forward in the direction of an innovative developed country.In order to overcome the hardships in fierce international competition,protect the legitimate rights of Chinese independent innovation enterprises,prevent companies that hold Standard Essential Patents from using their market dominance to implement monopolistic.Protect public interests,and maintain public order,many scholars and experts focus on standards and raise the questions about Necessary patent antitrust regulations.This article also analyzes from a legal perspective on how China should deal with the abuse of Standard Essential Patents.In addition to the conclusion,the body of the article is divided into five parts:The first chapter puts forward problems with the case of Huawei vs IDC,to prove the argument and analyzes them.The second chapter introduces the related basic theory of Standard Essential Patents.This section introduces the basic concepts of patent rights,technical standards,and standard-essential patents.After that it analyzes the characteristics of Standard Essential Patents.These features expand the scope of the abuse of Standard Essential Patent rights,and then introduce the principle of FRAND.The analysis applies only to the principle of regulation.Abuse of Standard Essential Patent inadequacies.Chapter 3 collates the relationship between abuse of standard essential patent and anti-monopoly regulations.this part emphasizes the abuse of standard patents and their negative effects,then it emphasized the necessity of the rules.After that I introduce our country’s legislation which is the status of current situation of legislation and the problems existing in the current legal system;the fourth chapter examines the regulation of abuse of standard essential patent rights in other countries,mainly enumerates the relevant legal systems of the European Union and the United States,and summarizes the European and American countries’ issues of process Standard Essential Patents.Although there are some defects in the standard patent system in Europe and America,we can steal learn from it,and it has great significance to our country.In the fifth chapter,the author designed the existing system of antimonopoly regulations for Standard Essential Patents in China,and put forward four suggestions for perfection,namely unified legislation,perfecting the definition of the relevant market and market dominance,and standardizing the information disclosure system and injunctive relief.This part echoes the analysis of the advanced experience of the European and American systems.