Study On The Rights Protection System Of Standard Essential Patent

Standard is a kind of industry standard with a strong social and public management of property,,the purpose is to make the product or service meet certain industry or market requirements;while the patent is a private property rights with legal monopoly power.In the era of knowledge economy,standards and patents are constantly emerging,forming a stands of essential patent,and thus generating a great social impetus.However,due to the conflict between the public and the private,the combination of the two brings a series of problems.These problems are embodied in a series of problems,such as how to deal with private rights,how to balance the protection of patent rights and the limitation of patent rights,how to determine the licensing fee and so on.In addition,the conflict of interest among the main stakeholders of the standard patent is becoming more and more intense,and the evidence is the frequent occurrence of patent hijacking,patent reverse hijacking,FRAND hijacking,piled up fee and so on.The most fundamental reason behind the frequent occurrence of the standards of necessary patents is that the protection of the patent right in the standard necessary patent is insufficient,and then the interest imbalance between the various stakeholders is caused,and the problem is caused by the vicious circle.The existing standard necessary patent interests coordination mechanism mainly includes information disclosure system,FRAND licensing system,injunction relief system,and anti-monopoly review system still exist system loopholes in dealing with interest disputes;conflict between standard and necessary patent,restrictive policy formulated by standardized organization,antitrust review and protection Inappropriate performance,imperfect legal system and defects in judicial practice also contribute to the lack of protection of patent rights and the imbalance of interests.In order to solve the existing standard and necessary patent problems,the balance of interests is the principle,and the standard necessary patent holder's interests are led,and the necessary patent interests coordination mechanism is designed on the basis of the protection of patent rights.