| Nowadays,Hi-Tech industry has become the important symbol of the national economy level.As a significant part of it,intellectual property standing for the core competence which is also the competing ability in the market.With the growing number of the dispute of standard-essential patent(SEP)licensing fee,judicial pricing becomes an effective way to resolve it.Based on the case study of “Huawei v.IDC”,the article will discuss about the development and the existing problems of SEP,and find out the way for optimizing the litigation system for judicial pricing of SEP licensing fee.It would promote the development of patent industry.This article is divided into five parts:The first part of the thesis mainly introduces the basic situation of the case in this paper and summarizes the controversial focus of it,which is the rationality and practicability of the judicial pricing of SEP licensing fee.It brings out the point discussed in the article——how to optimize the judicial pricing mode of SEP licensing fee.The meaning of SEP and the signification of optimization the standard litigation mode of SEP licensing fee rate for the patent law would be discussed in the second part of the article.It is not only good for revising the patent law,but also advancing fairness and justice.The third part of the paper shows the necessity of the judicial approach in solving the problem of the SEP licensing fee.Because of the unfair transaction position of both sides,many problems appear,like hold-up and royalty stacking.Plus,the legal regulation of FRAND principle are ambiguous,which makes it worse.And there are more and more controversies in judicial pricing of SEP licensing fee now.The fourth part of the paper introduces the judicial practice of the United States and the European Union on the SEP licensing fees.Based on some classic cases study,two different litigation mode of the SEP licensing fee between the US and the European Union Court have been refined,which provides reference for the optimization of Chinese litigation mode of SEP licensing fee.Some suggestions for improving the Chinese litigation mode of SEP licensing fees are offered in the fifth part.Firstly,the basic legal facts of the litigation of SEP license fee rate would be clarified.Secondly,the optimization way of the SEP license fee rate litigation modewould be introduced. |
