Study On Judicial Determination Method Of The Standard-Essential Patent Royalty Rates

At present,the judicial recognition of standard-essential patent royalty rates is mainly based on the FRAND principle,but the generality of the FRAND principle makes it difficult to determine specific operational details in the judicial trial based on this principle.With the improvement of the standard-essential patents licensing system,some policy factors have gradually become the consideration when determining the license rate,but it is still too abstract.Judicial confirmation of Ststandard-essential patent royalty rates must be achieved by means of a specific method.Based on existing judicial decisions,courts in various countries often apply the patent value evaluation method,refer to the comparable license agreement method and the Top-down method to determine standard-essential patent royalty rates,but the applicable conditions,background and principles of the rate determination method are unclear.In view of the above situation,this paper first introduces the status quo of judicial confirmation of the standard-essential patents and licensing rates,as well as the difficulty of judicial determination of the standard-essential patents licensing rates;And then introduces the FRAND policy considerations when standard essential patents to determine royalty rates are based on justice,and its limited;Then it focuses on the application of specific methods in the classic cases of rate determination,and analyzes the applicable principles and conditions of use of the corresponding methods;Finally,the paper summarizes the full text and proposes that the determination of the license rate should respect the market rules and balance the status of both parties.