Research On The Application Of FRAND Principle In Standard Setting And Implementation

The competition in the contemporary market is more about the competition of intangible assets.Patents play an extremely important role in it.The massive production of patented technology is an inevitable trend in the context of globalization,but this process involves standard issues.The element of standardization runs through every product in the market and its function is well reflected.At the same time,there has been a combination of technical standards and patents.This is what we often call the standard necessary patent.In order to meet the consumer market's demand for this type,to produce products with practical utility,producers must use this.A combination of patented technologies and technologies is used to achieve this,but under normal circumstances,standard implementers often do not possess the necessary patent rights,or on the contrary,have patent rights but do not have the standard technology,and it is because of this,only apply to the standard essential patents.Only after agreeing can we begin production.Only this method is feasible.The emergence of this kind of survival method makes the patentee occupy the absolute leading power in the whole production process,and the entire market flow is centered on them,resulting in a number of patent owners maliciously increasing the authorized price,thus increasing the pressure on the implementer.The decrease in the quantity and the increase in prices are inconsistent with the normal rules of the market,thus disrupting normal order.Technical standards are often used openly,while patents are mainly private,private products,so when they are needed at the same time,the original properties of technical standards make them less valuable and less difficult to use.Patent owners have deliberately increased their prices by virtue of their own unique patents.This behavior will seriously affect the standard implementers' production behavior and damage the interests of consumers.Members of the organization made FRAND(Fair,Reasonable and Non-discriminatory)commitments prevailing in major international standardization organizations."Fair,reasonable,and non-discriminatory" are the principles that members must follow in order to conduct economic activities,that is,FRAND principles.The principle of FRAND has not received approval from all walks of life because it has no scientific and reasonable explanation and the scope of its specific use is not clear.This article focuses on improving its theory by analyzing its basic connotations and applicable conditions.At the same time,because the FRAND principle itself has no clear explanation and cannot be used in daily practice activities,the contents of licensing fees,injunction relief,etc.cannot be used well,but the improvement and exploration of these aspects are still ongoing.With.At present,we have conducted further investigations on how the patent licensing rate is “fair,reasonable,and non-discriminatory,” and what content is included in the ban.The anti-monopoly law enforcement agencies and the judiciary have begun to attribute the cases involved in this area to All of its own functions,all judicial institutions also regard the resolution of these issues as an important part of their work.Calculating damages is an integral part of the litigation process after patent infringement.The “hypothetical negotiation method” laid the foundation for the “reasonable license fee” in the United States.Later in 2013,it was based on the improved Georgia-Pacific factor.In the case of "Microsoft v.Motorola",the first judgment in the industry was made on the determination of the license fee for standard essential patents.Although China's "anti-monopoly law" does not have a long history,there are many cases in this area in our country.In 2015,Qualcomm was fined 6.088 billion yuan by the National Development and Reform Commission for licensing fees that were too high.The case of “Huawei v.IDC” is an important turning point in China's history of standard essential patent litigation.The court used the FRAND principle for the first time to calculate the licensing fees that Huawei should pay.Regarding the injunctive relief in the case of standard-essential patents,the licensor will only follow the FRAND principle and will not rely on the injunctive relief to demand that the licensee accept the unreasonable licensing conditions provided by the licensee,and the licensee must also abide by FRAND.Principles are divided into good intentions.This article attempts to analyze how the FRAND principle is put forward,analyzes its theoretical basis and the applicable focus in practice,in order to conduct a relatively complete review of this principle.