Antitrust Regulations On Standard Essential Patent Fees

Standard necessary patent is the combination of standard and patent.With the continuous development of the communication field,the patent is gradually standardized.The problems of standard necessary patent are more and more.Standard essential patents is a legal monopoly,monopoly,but in practice,the essential patent holders tend to use standard essential patents of irreplaceability,directly or indirectly to users of high fees for the interests of the individual,this kind of behavior harm the development of related technology at the same time also damage the market order of fair competition.Standard necessary patent not only belongs to the regulation scope of intellectual property rights,but also needs to be effectively regulated by the anti-monopoly law due to its special characteristics.With the continuous development of the communication field,patent technology is of great significance to the economic development of various countries.Meanwhile,China's antimonopoly field also pays more and more attention to various legal issues caused by the standard necessary patent royalties.It is the core problem of abusing the standard necessary patent right that the standard necessary patent holder collects unreasonable royalties from the user.In this paper,the importance of the necessary royalty of the anti-monopoly law is determined by analyzing the concepts of the necessary royalty of the standard.Taking this as the research point,the author further analyzes the regulation of standard necessary royalty.It is proposed that the anti-monopoly law should be used to regulate the necessary royalty of standards so as to better solve the disputes arising from the necessary royalty of standards.This paper focuses on the necessity and application of the regulation of standard necessary patent royalties by the anti-monopoly law,including the imperfect FRAND principle,the abuse of injunctive relief,and the determination of the abuse of dominant market position,so as to better use the anti-monopoly law to regulate the unfair market competition caused by royalties.Finally,some feasible Suggestions are put forward in the hope of improving the regulation of the anti-monopoly law and promoting the healthy development of the competition field in China.In January 2020,China released the draft of the anti-monopoly law to encourageinnovation for the first time.Therefore,from the perspective of anti-monopoly law,it is of great significance to promote the overall innovation and healthy development of the patent industry to regulate the necessary royalty.