The Regulation Of Anti-monopoly Of Standard Essential Patent Grants

Standard essential patent as a high technology which change the world to bring unlimited possibilities to human beings.We also need to realize that once the market monopolist abuse the standard necessary patent,it will bring many negative effects.This article is based on the Qualcomm case.The full text is divided into five parts to discuss:The first part is the main case of the Qualcomm and the main basis for punish its illegal behavior.The second part of this paper introduces the definition and the standard of standard essential patent,then reveal the impact of the standard essential patent.The third part comment on the specific behavior of Qualcomm's abuse of market dominance.The fourth part discusses the impact of the case of Qualcomm and the insufficient penalties imposed by the National Development and Reform Commission on Qualcomm.The fifth part is the current legal status and shortcoming of China's standard essential patent and the author made relevant suggestions.