Regulations Of Antimonopoly Law On The Chargind Of Patent Licensing

Since 2013,the enforcement of anti-monopoly has been strengthened,especially the monopoly practices related to the abuse of patent licensing.The administrative penalty of Qualcomm,which is issued by National Development and Reform Commission,has caused widespread attention at home and abroad.Firstly,through the Qualcomm case,this paper presents the monopoly questions in the field of patent licensing.Secondly,from the aspect of practices,this paper tries to analysis the charging of patent licensing by combining with the specific monopolistic practices including excessive pricing,price discrimination or imposing other unreasonable trading conditions.In the conclusion,it should promulgate guidelines for applying the Anti-Monopoly Law to intellectual property right abuses as soon as possible,which can provide sufficient legal evidence and guidelines to determine the monopolistic practices.Meanwhile,this paper gives an analysis on the administrative penalty of the Qualcomm,Lastly,what we want to stress is that enforcement is the soul of law.So when facing the abuse of patent licensing right,regulators should respond actively in order to accumulate experience,maintain competition order and improve the Anti-Monopoly Law.