Study On The Regulation Of Anti-Monopoly Law Problem Of Abusing Standard-Essential Patent In The Environment Of Internet Of Things

As an information carrier based on Internet and traditional telecommunication network,Internet of things(Io T)has great economic and social significance.It greatly optimizes energy use,food production,health care and other fields.The commercial deployment of 5G has also become the engine of the accelerated development of Io T technology.The service object of communication patent technology rapidly expand to smart homes,industrial and agricultural equipment and even extraterrestrial satellites.The vertical span of the industry field also reflects that their respective communication technology needs will be different.The cumulative number of Io T related patents has exceeded 40,000 up to now,among which the number of communication technology patents related to Internet of things accounts for more than a quarter of the total.however,The contradiction is still great between Standard-Essential Patent(SEP)holders and SEP users in the field of traditional information and communication technology such as 3 G,4G.Unfair high price license,unreasonable tying,reverse license without proper reason still occurs frequently,affects the fair competition in the communication industry,Often leads to patent litigation and anti-monopoly investigation.Given this reality,the field of ICT to patent licensing and conflicts arising from the use of a shadow over the development of Io T technology,the growing demand for connectivity and has nothing to do with the communication technology industry under the new market participants to participate in the Io T environment SEP on the application of the anti-monopoly law has certain particularity.In addition to the introduction and conclusion,this thesis is divided into four parts:The first part interprets the anti-monopoly case in which Qualcomm,the patentee of a typical SEP in the Io T,suspects the SEP in the Chinese communications market,analyzes the way of abusing the SEP from the results of the anti-monopoly investigation,and points out the problems caused by the abuse of the SEP to the development of the Io T industry.The second part is the main content of the Io T,SEP,and the abuse of SEP for basic interpretation,explanation of things and Io T technology standardization and Io T SEP characteristics,analysis the premise of abuse dominant market position,the definition of relevant market and market dominance,specifically discusses the abuse of the ban,unreasonable royalties,refused to license and forced sale of several SEP abuse behavior.The third part through Qualcomm SEP abuse investigation results and abuse of dominant market position of the recognition,and through the latest law enforcement agencies to Qualcomm SEP abuse behavior of an anti-monopoly investigation analysis and the principle of patent licensing rules of such documents as the interpret,which leads to the Io T environment SEP abuse of the anti-monopoly law apply necessary trouble.The four part is the main content is to propose that the anti-monopoly law should improve the transparency of the disclosure of SEP,improve the procedural framework of FRAND license negotiation,and consider more factors in relevant market analysis when the anti-monopoly law regulate the abuse of SEP in the Io T environment.