Research On Legal Regulation Of Standard Essential Patent Monopolistic Behavior

At present,the legal regulation of Standard Essential Patent monopoly has become the hot research field in the field of law,and the cases involving Standard Essential Patent are also forward-looking in the world.With the fierce competition of international trade in the field of high and new technology,a war of using Standard Essential Patent for monopoly high profit has been waged in the world,which has resulted in the emergence of cases involving Standard Essential Patent monopoly in domestic and foreign judicial practice in recent years.It is an inexorable trend that patent should be included in the standard of patent.Unlike ordinary patent,the public influence of standard will lock the property right of patent into the standard technology of openness and universality,which will give the holders of Standard Essential Patent considerable market dominance.This paper is divided into four parts and puts forward some countermeasures to perfect the legal regulation of the Standard Essential Patent monopoly.The first part introduces the full case of the necessary standard dispute between Aweigh and IDC.Through the legal analysis of the focus of the dispute,the author mainly defines the three research directions of this thesis:license fee,injunction relief and antitrust.In the second part,the author expatiates on the basis of this thesis,which is composed of three aspects.First,it introduces the definition of the Standard Essential Patent itself,and the nature of the standard patent and the negative effect on competition and the definition of the anti-monopoly aspects caused by the abuse of the dominant position of the market.Finally,the necessity and feasibility of the anti-monopoly method regulation involving the necessary standard dispute are laid the groundwork for the following development.The third part,based on the FRAND license rate determination and the prohibition relief restriction two aspects,investigates the regulation of the necessary patent monopoly behavior of the extraterritorial standard,and makes useful reference for the legal regulation of the standard patent monopoly behavior of our country based on combing,analyzing and summing up the experience of Europe and America.The fourth part,based on the case and the discussion of this article,analyzes and summarizes the current situation of the standard essential patent antitrust in China,puts forward some questions,and probes into the legal regulation of standard essential patent monopoly in China.From the two focus issues of the current judicial practice disputes,namely the FRAND license rate determination and the prohibition relief restriction conditions,the author puts forward some suggestions for the formulation of the future anti-monopoly guide.