Research On The Standard-essential Patents Licensing Royalty Under FRAND Principle

With the further improvement of the concept of innovation led by governments.Continuously strengthen enterprise of intellectual property rights protection and the competition is intensified.Coupled with the further development of economic globalization.In recent years,technical specialization and patent standardization have become the development trend of various industries.The disputes arising out of the Standard-Essential Patents are not uncommon,among which the determination of the license fee is an important issue in the standard patent dispute.At present,the calculation of the Standard-Essential Patents licensing royalty is mainly guided by the factors "fair,Reasonable and non discriminatory".However,because of the fuzziness of FRAND principle,it is still difficult to determine the licensing royalty of "fair,Reasonable and non discrimination" according to the FRAND principle.The article is mainly consists of four parts.The first part introduces the basic theory of the standard necessary patent by explaining the definition of standard and the definition and characteristics of the necessary patent.In the second part,the author introduces the background of FRAND principle,analyzes the connotation and legal nature of FRAND,and elaborates the basic theoretical knowledge of FRAND principle..Third part combined with the case to the situation of judicial application of principle of FRAND requirement in a foreign country and analyzed some facts mainly from the determination method,from the consideration factor and from the the principles during determining the licensing royalty under FRAND principle.The last part through the introduction of HuaWei v.IDC.Comparing and analyzing the differences between Chinese courts and foreign courts in determining the Standard-Essential Patents Licensing Royalty under FRAND principle.From the aspects of determining methods,considerations and basic principles,Put out the advice to our court in the process of determination the Standard-Essential Patents Licensing Royalty under FRAND principle.