Research On Antitrust Regulation Of Standard Essential Patent Rights

With the advent of the intelligent economy,technological rationality,and risk society era,social governance based on standards support,and innovation practices and economic competition based on technical standards are increasingly becoming one of the core elements of social development.The standard essential patent,as a special form of combining technical standards and patent rights,is also increasingly occupying the core position in the relevant market competition,especially in the high-tech industry field dominated by technological value.The technical standards supported by essential patents provide solutions and targets for technological innovation and industrial development.On the other hand,the monopolistic status of necessary patentees in relevant markets also facilitates the restriction of competition,and they are implemented through anti-monopoly law.Properly regulating the behavior will help balance the interests of the standard essential patentees,license enforcers and the public.It also helps maintain the competitive ecology and innovation ecology in related industries.The antimonopoly issue caused by the standard essential patents and the legal regulation under the anti-monopoly vision are still a more frontier issue in China,which involves the definition of the relevant market and the determination of the dominant market position,and the abuse of specific abuses and abuses.The anti-monopoly regulation of claims and the calculation and confirmation of reasonable license fees under the FRAND principle are still a process of long-term exploration and practice.This process needs to be based on China's legal environment,economic competition,and innovative environment to conduct local practices.It is also necessary to draw lessons from the existing theoretical achievements of foreign countries,as well as legislation,law enforcement,and judicial practice,so as to constantly improve and improve China's standardized design and regulation effects in this anti-monopoly regulation field.The basic structure of this paper : The first part of the first chapter mainly discusses the topic background,research status,research ideas,research methods,innovations and deficiencies of this article;Chapter 2 summarizes the standardessential patents and mainly discusses the standard essential patents.The concept and characteristics of the concept,the identification of standard essential patents,and the necessity of the antitrust regulation of standard essential patents;Chapter 3 mainly discusses the legislative status quo and existing problems of China's standard essential patents,and summarizes the relevant regulatory practices of foreign countries;Chapter IV It mainly discusses the basic idea of the antimonopoly regulation of standard essential patents,and specifically discusses the antimonopoly conduct of standard essential patents in the process of formulation and implementation;Chapter 5mainly proposes some suggestions for improving the antimonopoly regulation of standard essential patents in China.