Research On Anti-monopoly Regulations Of Standard Essential Patentee Authors Abusing Market Dominant Position

The abuse of market dominance in the field of standard essential patents is a new type of case derived from the trend of industry standardization in recent years.From the perspective of balancing intellectual property protection and maintaining market competition,we cannot arbitrarily expand the power boundary of standard essential patents,and we must not think that standard essential patents will necessarily constitute independent and relevant markets,and then according to the current legislation,the patentee must has Market dominance.The judicial and law enforcement agencies shall determine the timing of the anti-monopoly law to intervene in the necessary patent disputes based on the actual circumstances of the case.Although the technical standardization of the wireless communication industry far exceeds other industries,and most of the current standard-essential patent disputes mainly occur in the industry,the technical characteristics,the degree of technical standardization,and the competitive environment of different industry sectors are different.The refereeing and enforcement ideas and methods of the relevant standard patent cases in the wireless communication industry cannot be generalized to other industries.At present,there are also a few scholars at home and abroad who have questioned the relevant market definitions involving standard essential patents and the methods and paths for identifying market dominance.Although technical standardization gives a certain degree of compulsory to relevant patents,it does not mean that technical standardization completely excludes competition within the relevant market.The relevant market definition of standard essential patents not only needs to consider its validity,but also determines whether the necessary patents of the standard are indispensable for the implementation of the technical solutions of the standards involved.According to the specific circumstances of the case,in accordance with the general principles of the relevant market definition,taking into account its particularity,it focuses on re-evaluating reasonable considerations such as its substitutability and the substitutability of standards and standard products,and the innovation market.Market share is only one of the many manifestations of market dominance.Judicial and law enforcement agencies cannot directly presume that standard essential patentee have market dominance based on Article 19 of the Anti-Monopoly Law.Based on the standard and a certain degree of mandatory andpublicity of the standard patents granted,the five factors enumerated in Article 18 of the Anti-Monopoly Law are not sufficient to determine that they have market dominance.According to the differences of cases,they should also be fully considered.Cross-licensing,buyer market forces,patent reverse hijacking,restrictions on standards organizations and FRAND principles,and other applicable checks and balances on injunctive relief,such as other factors that affect market dominance.The standard essential patentee may involve a variety of behaviors in the licensing process.For example,applying for injunctive relief,violating FRAND's promise of unfair high-priced license,and tying the package does not necessarily constitute abuse of market dominance.The identification of relevant behavior still needs to be based on the case.The specific situation analyzes the true intentions and behaviors of the patentee and licensees and regulates them.In particular,it is necessary to carefully consider whether the abuse of related rights has reasonable grounds.