Research On The FRAND Obligation In The International Standardization Organization Under The EU Approach

With the expansion of the coverage of technical standards,the integration of standards and patents has become a trend.Although this trend is conducive to the application of technical standards,it will strengthen the monopoly of patents,will cause the standard patentees to be in an advantageous position,and cause patent licensing There is an unequal negotiating status,so the,International Organization for Standardization has proposed the obligation to follow the specific meaning of Fair,Reasonable and Non-discriminatory(hereinafter referred to as FRAND)in the standard essential patent license,which is "fair,reasonable and non-discriminatory".On November 29,2017,the European Commission published guidance documents on standard essential patent litigation and licensing,the Commision to the Europen Parliament,The Councle and The Europen Economic and Social Committee——Setting out the EU approach to Standard Essential Patents(hereinafter referred to as"EU Approach").The release of this approach provides new ideas and models for the legal application of the standard essential patent FRAND obligations.This article analyzes the problems arising from the application of the FRAND obligation from the perspective of the new and innovative regulations on the application of the FRAND obligation in the International Organization for Standardization,and finally strives to obtain a feasible solution to the core problem of the FRAND obligation and proposes the FRAND obligation in China Applicable recommendations.This article has four parts:The first part is about the international standardization organization FRAND obligations.It mainly introduces the FRAND obligations in standard essential patent licensing;The application of FRAND obligations in standardization organizations;The main content of FRAND obligations in the "EU Method".The second part is the problems caused by the application of FRAND obligations.It mainly studies the three basic problems in the practice of FRAND obligations;The conflict between FRAND obligations and ban relief.The third part is a response to the problems raised in the second part and correspondingly introduces the"EU Approach" to the defects of the application of FRAND obligations.Including the"EU Approach" to solve the related issues;"EU Approach" on the coordination of the Injunctive relief and FRAND obligations.The fourth part is to improve the recommendations of the application of FRAND obligations in the International Organization for Standardization in China.This includes The background and current status of the application of FRAND obligations in China;Perfecting the relevant legal provisions of the FRAND obligation;Perfecting the legal system applicable to the Injunctive relief under the FRAND obligation of China.