Research On Judicial Application Of FRAND Principle Of Standard Essential Patent In China

With the emergence of the necessary patent of the standard,the patent right is easily expanded under the demand of the necessity of the technical standard,which aggravates the conflict of interest between the standard implementers and the patentee.Under the requirements of standardization,the holders of standard necessary patents will make use of their technical advantages to obtain high profits through patent hijacking,bundling pricing and so on,and even limit market competition.In order to avoid the damage to the interests of the necessary implementers of the standard and the public,the FRAND principle has become a general method that can regulate this conflict and balance the interests of stakeholders.The flange principle has been formulated by the International Organization for Standardization.It means " The anti-monopoly law enforcement agencies and the judiciary attach importance to.On the premise of discussing the internal mechanism of FRAND principle and combining with the judgment ideas of relevant cases at home and abroad,this paper puts forward some measures for solving the problems of judicial application of FRAND principle in the necessary patent cases of our country.