Research On Licensing Policy And Injuctive Relief Applicatable Rules Of Standard Essential Patents

With the widespread adoption of technical standards and the rapid development of patent technologies,the standard inevitably involves more and more patents.The patent policy of the standardization organization can not solve the increasingly prominent problems of intellectual property rights,especially the fuzziness of the FRAND principles and disclosure obligations,laying down many hidden dangers for the widespread implementation of the standard.Since 2010,more and more telecommunications companies such as Samsung,Apple,Qualcomm and Huawei,ZTE and Meizu have been involved in SEP litigation,and the main issues are all about FRAND principles and injunctive relief.In this context,discussing the standard essential patent policy and injunctive relief can help our country to correctly implement the strategy under the international standard strategy.Based on the standardized global background and related theories of SEP,this paper takes the method of literature research,statistical analysis,comparative analysis and case classification to research the influencing factors of standard essential patent value,the licensing policy of standard essential patent and injunctive relief.Finally,the research method and conclusion can provide suggestions for the court,government and enterprise.The results show that : the value of limitation SEPs is higher than the value of the non-litigation SEPs;(2)the influence factors of SEPs value are decomposed into technical value and strategic value,and the value of the strategic value is more important.(3)for the current standardization organization's patent policy,most of the patent policies are still vague except for individual standardization organizations.(4)the availability of the injunctive relief under the FRAND principle has been approved by the judiciary bodies in various countries.The specific cases still need to be analyzed specifically.