| The combination of technical standard and patent enhances the market control ability of the standard necessary patentee,because of the failure of the frand principle and the imperfection of relevant laws and regulations,the abuse of injunctive relief by the standard-necessary patentee is increasing.As a kind of private right,the right person has the freedom to choose injunctive relief,but when the right has the property of public interest,should the application of injunctive relief be restricted? How to seek the boundaries of competition law and intellectual property law in the process of restriction? How do we achieve the balance between the standard necessary patentee,the patent holder and the public interest? These problems not only have theoretical research value,but also have rich practical significance.In the introductory part,this paper leads to a typical case to direct the Antimonopoly Law to regulate the standard necessary patent injunction remedy abuse this subject of global concern,point out the research value of this topic,carding the relevant rules and systems at home and abroad,finally introduce the research methods,research contents and innovation points of this thesis.In the second part,through analyzing the limitation of the patent law and the civil law in the regulation of this problem,demonstrates the necessity of the Antimonopoly Law system,and proves the feasibility of the anti-monopoly laws and regulations by analyzing the characteristics of social standard and protection competition.In the third part,by analyzing the current situation of anti-monopoly law of the patent infringement,the author finds out three main lines to solve the problem: the cognizance of the market domination position of the standard necessary patentee,the judgment of the remedy of the abuse ban,the problem solving mechanism.In the fourth part,the foreign "orange Peel Book","Huawei v.ZTE Case" and other related typical cases,academic viewpoints,from the "Judgment of market dominance experience" and "the standard necessary patent owners abuse injunction relief of the judgment experience" two aspects to summarize and summary,for the latter to guide our practice to provide a reference.In the fifth part,the author puts forward the countermeasures of anti-monopolyregulation on the abuse of injunctive relief by the standard necessary patentee in China.First of all,we should take the case analysis to consider a variety of factors,break the traditional view of "of course occupy the dominant position of market",and comprehensively identify the market position of the necessary patentee.Secondly,to establish the judgment rules of the abuse of injunctive relief,mainly from the subjective goodwill,objective licensing rate two important aspects of the standard necessary patentee to investigate whether there is abuse,at the same time,the public interest into the scope of consideration,the introduction of the Court in accordance with the authority to investigate the system.Finally,the establishment of an antitrust investigation of the ban immediately effective negotiation mechanism,while maintaining the dignity and authority of the law,through a system of sufficient deterrence to facilitate negotiations between the two sides to solve the problem. |
