The Regulation Of Anti-monopoly Of Standard Essential Patent Grants

The current economic globalization has become an international trend,and the competition between countries is strong.And the competition between intellectual property rights has become an important field of national competition.With the integration of the standard and the necessary patents in recent years,the necessary patents in the field of intellectual property have come into being.The production of the standard necessary patent will bring high profit to the enterprise,increase the competitiveness of the enterprise market,and may also abuse the standard patent holder.Once the standard necessary patentee abuses the rights,it will damage the reasonable interests of Chinese enterprises and consumers and destroy the normal order of market competition in our country.Therefore,this article holds that it is urgent to regulate the abuse of the standard necessary patent.The full text is divided into five parts to discuss:The first part is the main case and disputed point of "HUAWEI v.American interactive digital case".After analyzing the market structure of HUAWEI and interactive digital in the wireless communication market,we can get the controversial focus of the case.Is there any monopolistic behavior in the process of implementing the necessary patent license of HUAWEI standard by American Interactive Digital Corporation?The second part of this paper introduces in detail the definition and standard of standard essential patents necessary definition of patent requirement,and on this basis,this paper expounds the standard essential patents and impactThe third part takes the concept of the abuse of standard necessary patents as a starting point,focusing on the analysis of several common standards,the specific behaviors of necessary patent abuse,and the possible social impact of standard necessary patent abuse.The fourth part,based on the current status of relevant legislation in China,advocates that our country should adopt strict anti-monopoly legislation and law enforcement policies.At the same time,referring to foreign relevant anti-monopoly experience,it provides useful reference for the choice of domestic legislative model.The fifth part discusses the defects of the standard essential patent antitrust regulation,and then puts forward some specific suggestions.