Research On The Implied Licensing System Of Standard Essential Patents

In the era when technology has gradually become the core competitiveness,the combination of standards and patents has formed an inevitable trend both at home and internationally,and the standard essential patent as a key product in the process of technical standard,the importance of enterprises in the market competition is self-evident.However,in the process of implementing the standard of patented technology,based on the dominant position brought by the standard essential patent,the act of patent holdup by the essential patentee to the standard implementers has arisen,which has resulted in a large number of disputes involving the standard essential patents.In order to regulate and deal with such negative phenomena,the standard essential patent implied licensing system came into being.The implied license of the standard essential patent means that the patentee incorporates his patent into the technical standard and makes a non-definite promise through certain languages or acts,which constitutes a form of patent license formed by the standard perpetrator to generate reasonable trust and use the corresponding patented technology.The nature of the inquiry should be defined as a presumption of permission,rather than a statutory license.The standard essential patent implied license system has the theoretical support of the principle of trust interest,satisfies the legal value estimation and practice demand of patent and antitrust,helps to promote the innovation market prosperity,stimulates the market subject innovation vitality,at the same time can effectively reduce the institutional transaction cost,can support the domestic standardization strategy and the Innovation drives the development strategy implementation,At the same time to promote China's international intellectual property field towards strategic initiative.However,proceeding from the current situation of legislation and Judicature,we can find that there are many difficulties in this system,As far as the system itself is concerned,there are no clear legislative basis,problems existing in the provisions of the manuscript and system provisions,and the system provisions are not systematic,and there are no specific basis for the application of the law in the operation of the system Issues such as the imbalance of interests between the standard essential patentee and the standard implementers.Through the systematic investigation of international standards to formulate organizations and foreign intellectual property policies and related regulations,judicial operation,and analysis of its policy core ideas,supplemented by the characteristics of China's standardized management system,and finally concluded that China's standard essential patent implied licensing system should be to support and promote industrial development as a value goal,taking the principle of balance of interests as the guiding principle,we should coordinate and balance the corresponding conflicts between public welfare and private benefit,private benefit and private benefit,and reasonably set up the legal system,judicial system,supervision and management system and the specific system content under the relief system of the standard necessary patent.It is more systematic and comprehensive to construct the standard necessary patent implied license system with Chinese characteristics.