The Definition Of The Relevant Market For The Standard Essential Patents

Reasonable definition of the relevant market is the basis of competitive analysis.Resolving the relevant market definition of the Standard essential patents is the core condition and important basis for the proper handling of antitrust cases involving Standard essential patents.However,currently,scholars could not agree on the essence of standard essential patents,the definition of the dimensions of a standard essential patents and the definition of the relevant market principles,and some logical relationship still need to be clarified.This paper explores the relevant market definition of the Standard essential patents,and provides valuable reference ideas for relevant industry practice.This article mainly uses the literature research and the case study method,and also borrows some ideas of economic analysis.The paper makes a comprehensive summary of the current achievements in the field of standard essential patents to define the relevant market in the current study,and also discusses deeply the definition of the Standard essential patents related market and the logical relationship between the Standard essential patents.This paper argues that why the patent is necessary is that it is considered by a technical standard.Standard essential patents in most cases have a dominant position,but sometimes it does not.So the dominant position can not be used as a prerequisite for defining the relevant market.Standard essential patents relevant market is mainly relevant product market,which actually is a technology market.Therefore,in the traditional market,product market,geographical market and technology market could be regarded as technology market and geographical market.Meanwhile,as defining the relevant market standard essential patents,there are several principles.First,different problems shall be treated differently.Second,efficiency and fairness are both equally important.According to the features of the necessary patents in the specific case,discussing on the dominant advantage and market position shall be taken scientifically.In order to get the conclusion,this paper applies different analytic ways,combined with demand alternative method and supply alternative method.