Anti-monopoly Regulations That Abuse Standard Essential Patent Rights

A standard essential patent is an non-replaceable patent that must be used in order to achieve a certain standard.If the operator does not use the patent,the technical standard required by the market cannot be achieved.The emergence of standard essential patents combines the privateness of patents with the publicity of standards to maximize the pursuit of economic interests.However,if the standard controlled by the enterprise,it is easy to abuse the patent right,and the monopoly problem of restricting competition,such as refusal of permission,unreasonable pricing,illegal tying of unnecessary patents,abuse of injunctive relief,etc.,not only affects the competitive development of enterprises,but also cause fairness confusion in the market order.Therefore,the abuse of standard necessary patent rights should be regulated from the perspective of anti-monopoly law.This paper aims to analyze the abuse of rights in the process of standard essential patent licensing.By collecting and collating relevant legal norms and cases involving standard essential patents in recent years,this paper examines both the legislative and practical aspects and finds that the abuse of standard essential patent rights in China,the lack of standards for the abuse of the standard necessary patent rights constitutes a monopoly,the lack of reasonable licensing fees,and the conditions for the abuse of the injunctive claim are unclear.Through the study of legislation and practice in the United States,the European Union,etc.,and drawing on its experience,it proposes to improve the anti-monopoly regulations in the necessary patent licensing process in the necessary patent licensing process.Firstly,it should clarify the monopoly illegality of the abuse of standard necessary patent rights.Standard,using reasonable principles as the criterion;secondly,when determining the reasonable patent license fee under FRAND’s commitment,taking into account the interests of the licensor and the licensee,considering the contribution of the standard necessary patents involved in the case,the standard necessary patentee to other the patent license fee collected by the standard implementer,whether the patent license fee is stacked,whether the patent license fee is hijacked,etc.Finally,when judging whether the standard necessary patentee belongs to the abuse of the injunction,the identity of the patentee and the standard necessary patentee are considered.Whether negotiate with patent users to resolve patent disputes or not,whether the standard necessary patent users are good or not,and so on,strive to achieve a balance between individual interests and social interests in the implementation of standard essential patent rights.