Research On The System Of Standard Essential Patents In EU

In today's knowledge-based economy,technology and technology are developing rapidly,and technical standards and patents are becoming increasingly inseparable,resulting in the emergence of the standard essential patents.A standard essential patent is a patent that must be used to enforce a particular standard.As a product of technology standardization,on the one hand,the standard essential patent has the characteristics of general patent right,such as the object of invisibility and replication that patents vulnerable to abuse,need to protect the standard essential patents;on the other hand,comparing with ordinary patent,standard essential patents has more monopoly power,the patent holder has the ability and motivation to pursue their own best interests through standard essential patents.It is necessary to regulate the action of the patent holder when he abuses his patent rights.Based on the dominant position,in the process of establishing the standard,the patent holder refuses to disclosure the standard essential patents information,to give FRAND licensing commitments,and to seek injunctive relief as a threat to the standard essential patent implementers in order to obtain a high patent licensing fees which results in harm the market order of fair competition.A very important strategy to address the above problem is to balance the standards essential patent implementers,the patent holder and the public interest.The European Union is one of the most active regions setting standards in the world and has a relatively rich experience in the construction of the standard essential patent system.EU using intellectual property rights policy by the standardization organization and competition law reduces the negative impact of standard essential patent.As an emerging trading powers in the world,China pays attention to standard essential patent issues,when the advanced developed countries in the world use standard essential patents as a powerful weapon in trade competition environment,as a latecomer,China has to perfect their own related system.Through theoretical interpretation on the basis of the EU standard essential patents and its important system was further analyzed,the author hopes to finds a feasible way for China to perfect the standard essential patent system construction.This article is divided into four parts altogether.The first part is an overview of the standard essential patents.It mainly introduces the concept of standard essential patents.It interprets this concept through the two elements of standards and essential patents to better understand the standard essential patents.Analysis the reasons for the appearance of standard essential patents,the inability of technology standards to incorporate patents,and the patent holders pursuit self-interest,which make the combination of technical standards and patents more and more compact.In addition to validity and complementarity,the irreplaceability of standard essential patents is the most significant feature of standard essential patents.In addition to promoting technology promotion and innovation,SEPs will bring benefits to consumers.If patent owners abuse standard-essential patents,they will hinder healthy competition in the market.The second part analyzes the historical process of the EU's standard essential patent system and analyzes the important documents of standard essential patents.With the establishment of the EU Standardization Organization and the EU's standardization legislation process as the starting point,we will understand the importance the EU attaches to the issue of standard essential patents.Through the interpretation of the EU's standardization organization's IPR policy,the Setting out the EU approach to Standard Essential Patents and Article 101 and 102 of The Treaty on the Functioning of the European Union and its supporting guidelines,EU adopts methods outside the patent law system to standard essential patents.The third part mainly analyzes the provisions of the EU standardization organization's IPR policy and competition law on the abuse of standard essential patents.The FRAND principle guides when dealing with standard essential patent issues,whether it is a standard-essential patent licensing dispute or a standard-essential patentee abuses patent rights,EU protects the parties who respect FRAND principles.The European Standardization Organization has established the essential patent information disclosure system to increase the transparency of patent information in order to reduce the possibility of subsequent patent licensing disputes.The EU relied on competition laws,specifically for the determination and establishment of its due obligations by well-intentioned parties to regulate the abuse of injunctive relief by patent owners,and provide guidance for the improvement of injunction relief in China.The fourth part is to improve the establishment of SEP system for China.The status of the SEP system for China's standards is at the core of the "Regulations on the Administration of Patents Concerning National Standards(Interim)",through the Patent Law,the Anti-Monopoly Law and its supporting guidelines and judicial interpretations,etc.regulate the issues of SEP.China's current SEP system provides for a general disclosure of patent information,the rate of licensing is not clear,and there is a lack of restrictions on abusing of injunctive relief by standard-essential patentees.It is necessary to further develop the role of standard-setting bodies,refine regulations,and balance benefits between patent holders and standard implementers.