Anti-monopoly Regulation Of Standard Essential Patents

Under the current tremendous wave of intellectual property rights in society,the pace of economic globalization is accelerating.Many large multinational corporations use their own patents to distribute in the world.They not only design the patent system as a legal protection measure,but also focus more on creating patent revenue as a major contribution to the company's revenue.This arrangement of patents to block other companies has involved abusing the dominant position of their patents.As a combination of patents and standards,standard essential patents make it impossible for other competitors in the industry to obtain the same technological effect by bypassing patents.Therefore,the owner of standard essential patents has a clear dominant position in the market,and it is easy to use this dominant position to monopolize the industry.Generally speaking,a large number of standard essential patent owners set high licensing fees,at the expense of violating the "FRAND" principle(Fair Reasonable and Non-discriminatory).Because the process of patent protection in our country is far from that in other developed countries,the degree of protection and the time of development are far from each other.Becauseof the huge scale of Chinese enterprises and the low cost of domestic labor force,the number of products produced by Chinese enterprises has caused tremendous impact on the international market.Therefore,a large number of foreign multinational enterprises try to restrict the development of Chinese enterprises by discharging standard essential patents.For example,"Huawei v.IDC" case,domestic telecommunications companies such as Millet have suffered a senseless blow in foreign markets.In this case,the anti-monopoly regulation of standard essential patents has become an academic hotspot in China.On December 2,2015,the Legislative Office of the State Council promulgated the Draft Amendment of the Patent Law of the People's Republic of China(to be submitted for examination).In Article 14,it was added that the principle of goodfaith should be followed in patent application and patent right exercise.No abuse of patent right may damage public interests or unreasonably exclude or restrict competition." The principled provisions and the new "implied licensing" system of standard essential patents in Article 85 are a great progress in China's anti-monopoly law in the field of intellectual property rights,but it is far from possible to expect private laws protecting the private rights of patentees to regulate patent abuse in market transactionsThis year is the tenth year of the implementation of the Anti-monopoly Law in China.Although some supporting regulations and guidelines have been formulated intensively,the anti-monopoly regulation of standard essential patents is still unsatisfactory due to the insufficient experience of the administrative law enforcement agencies in the enforcement of intellectual property law and the lack of an exact legal basis for the enforcement of intellectual property law.Fortunately,Gan Lin,deputy director of the State Administration of Market Supervision and Administration and secretary-general of the Anti-monopoly Committee of the State Council,said that the new Anti-monopoly Committee of the State Council attached great importance to the revision of the Anti-monopoly Law and included this work in its work plan.The 13th Standing Committee of the National People's Congress had also included the revision of the Anti-monopoly Law in its legislative plan.In view of this,this paper tries to start from the anti-monopoly point of view of standard essential patents,through summarizing the shortcomings of domestic research,comparing the research of relevant foreign legal systems and the international standard organization's patent policy to explore the effective path of anti-monopoly regulation of standard essential patents.