Anti-monopoly Legal Regulation On The Abuse Of Standard Essential Patents

With the deepening of knowledge and protection of intellectual property in all countries of the world,the standard essential patent,as an important part of the intellectual property system,is gradually known to people.Although the combination of technology and industry standards is beneficial to the popularization of technology,the reduction of production cost and the development of economy,the patent holders abuse their rights after forming the dominant position of the market frequently,and the monopoly events caused by the standardization of the patent are increasing.Therefore,legislation is urgently needed to regulate the use of patent abuse.Through the legal problems caused by the standard patent licensing dispute between HUAWEI company and IDC company in the United States,this paper analyzes the rationality of the abusing behavior of the standard patent and the legal regulation of antitrust.On the basis of studying and drawing on the experience of the necessary patent abuse behavior of foreign antitrust legal regulation standards,it is considered that the legal regulation of the abusing behavior of the standard necessary patent in our country,the standard of setting up the cost of the necessary patent license and the method of calculation,and the prohibitive conditions for the standard necessary patent tying are not enough in our country.Problems such as definition,standard necessary patent,refusal permission system and so on.And there are some problems in the legal remedy mechanism,such as imperfect judicial remedy mechanism,overlapping of monopoly law enforcement agencies and unclear powers and responsibilities.On the basis of a clear definition of the standard necessary patent abuse of the relevant market,market dominance and abuse of market dominance,the legislation should clearly define the standard and calculation method for the use of the standard and necessary patent licensing fees.Prohibition condition of standard essential patent tying behavior,perfection standard,necessary patent refusal permission system.In terms of legal relief,we should improve the judicial application basis of the standard patent abuse act,and make clear the recommendations of monopoly law enforcement agencies and the limits of powers and responsibilities.