| The regulation of vertical restraint behavior is an important part of the anti-monopoly law.As one of the vertical restrictions,exclusive trading behavior will not only cause high barriers to entry,exclude other competitors,and undermine the negative effects of market competition,but also exclusive trading behavior can promote the market and small and medium-sized markets.Positive development.For this reason,no anti-monopoly law or competition law in all countries of the world prohibits all aspects of exclusive transactions.Since the birth of the exclusive trading behavior,its impact on the market economy has been controversial.With the development of economic globalization,enterprises are also going further and further on the road of internationalization.The company's products,service purposes and industrial production processes determine how far it can go on the road to internationalization and become an indispensable condition for the company to succeed.As a result,there has been an increase in the number of transactions between companies that use standard essential patents to implement exclusive transactions.The study of the use of standard essential patents to implement exclusive transactions is not only of great significance in terms of utilization,but also has practical significance for improving the enforcement of anti-monopoly legislation in China.The discussion on the use of standard essential patents to implement exclusive transactions has not been fully carried out in China's academic circles.Many problems have not been involved.For example,enterprises involved in standard essential patents have defined relevant markets in this field and determined their market dominance.Then determine whether its behavior is illegal.This article attempts to conduct a preliminary discussion of these issues.The use of standard essential patents to implement exclusive trading behaviors has certain advantages for the market,and there are corresponding disadvantages.With the development of society,the business model of implementing exclusive trading behaviors using standard essential patents becomes more and more common.Discussion is especially important.This paper is mainly composed of five parts.It discusses the research on the exclusive transaction behavior of enterprises using standard essential patents.The second part is an overview of the current legal regulation of the exclusive behavior of general enterprises at home and abroad.First,the exclusive trading behavior begins with defining the basic concepts and constituent elements of the exclusive trading behavior,and clarifying the composition and importance of the exclusive trading behavior.Secondly,from the United States and the European Union in the relevant current anti-monopoly law,analyze its regulation of exclusive trading behavior.Finally,comparative analysis shows the gaps and shortcomings of China's two relatively perfect systems.The third part is the legal regulation of each country when the exclusive transaction involves standard essential patents.First,the measures taken by the United States in the case of handling exclusive transactions using standard essential patents.Second,it is the approach taken by the EU in dealing with related issues.It is worth noting that the relevant market definitions related to standard essential patents are mentioned here.The fourth part is an analysis of recent well-known judicial cases in the United States.The US Federal Trade Commission sued Qualcomm,and part of it involved Qualcomm and Apple signed an exclusive agreement involving Qualcomm.The standard essential patents owned by the company.Through the definition of the standard essential patents involved in Qualcomm in its field,judging its position and the impact of signing the agreement,it comprehensively analyzes the judgment basis of the US and the reference to China.The fifth part is to improve the specific implementation of China's use of standard essential patents to implement exclusive trading behaviors of enterprises,mainly including the introduction of relevant technology market and related innovation market analysis,and the definition of the use of standard essential patents to implement the exclusive trading behavior of enterprises.The law defines and clarifies the illegal judgment of the use of standard essential patents to implement exclusive trading behaviors of enterprises,and the exemption legislative model for perfecting exclusive transactions.For a long time,although China has imposed some restrictions on exclusive trading behavior,the mainstream view is that exclusive trading behavior is a business model of today's society,and its positive impact is greater than negative impact,especially the exclusive trading behavior involving standard essential patents.There is no clear regulation to restrict it.Obviously,it does not recognize the problem of restricting market competition in the case of exclusive transactions and even the use of standard essential patents to implement exclusive transactions.Exclusive trading behavior is an act of abusing market dominance.It involves all aspects of the market economy.Whether it is a business operator or a law enforcement agency,it should fully recognize the negative impact of its existence.This paper introduces the exclusive transaction agreement signed between Qualcomm and Apple,and compares it with the legal regulation of the United States and other countries where the anti-monopoly law is relatively perfect.It finds that China's anti-monopoly law implements exclusive transactions in the use of standard essential patents.The shortcomings in the regulation,make recommendations. |
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