The Anti-monopoly Regulation On The Abuse Of The Dominant Market Position Of Standard-essential Patent Holders

With the development of economy and the continuous improvement of science and technology level,the standard essential patent has become the standard to measure whether an enterprise is competitive,especially in the field of information and communication.However,there are also many problems involved in the standard essential patent,such as the information disclosure of the standard essential patent,the determination of the license rate,and the abuse of the dominant market position.How to effectively regulate these problems has become an important institutional arrangement to maintain market order and promote innovation.To regulate the abuse of market domination by the patentee,we should adhere to the principles of maintaining market fairness,fair trading order and encouraging innovation,which is not only conducive to creating a fair trading order,but also conducive to the innovation of standard essential patents.This paper mainly studies the behavior of the standard essential patentee abusing the market dominant position,and through the specific analysis of judicial practice cases,summarizes the problems and loopholes in the standard essential patentee’s abuse of market dominant position in China,and puts forward effective suggestions and Countermeasures for these problems and loopholes.This paper mainly consists of five parts,and discusses the abuse of market dominant position by the standard essential patentee.The first part is introduction:the introduction introduces the research background of the standard essential patent.In the era of rapid economic development,the standard necessary patent has become the standard to measure whether the enterprise belongs to the first-class enterprise.In order to improve the safety and technology content of the products under the standard,the world standard setting organization has strict requirements for the patented technology included in the standard,and adopts the most advanced technology in the same period.This paper analyzes the latest research results of domestic and foreign scholars,and formulates effective countermeasures against the new problem of standard essential patentee abusing market dominant position.The second part is the concept of standard essential patentee abusing market dominant position and the necessity of regulating it.First of all,the related concepts of standard essential patents are elaborated,and the provisions of standard essential patents in various countries are analyzed.Secondly,the standard essential patent is compared with patent and other related concepts.Compared with patent,standard essential patent has its own particularity and their nature is quite different.Finally,this paper analyzes the harm of standard essential patentee’s abuse of market dominant position to the existence of the market.Effective regulation of this behavior can provide a good competitive environment for the market and safeguard the social and public interests.The third part is about the current situation and problems of the regulation of standard essential patentee abusing market dominant position.At present,in terms of regulation,China has not yet established a sound legal system.Although some documents stipulate the content of the standard essential patent,there are some problems in the regulation of how to prevent the standard essential patentee from abusing his power.First of all,this paper collects the relevant documents of standard essential patents in China,and on this basis,analyzes the deficiencies in regulating the abuse of market domination by standard essential patentees.Secondly,in the process of law enforcement review,China should change the way of law enforcement,from passive review system to active review system,which is conducive to prevent the occurrence of power abuse.Finally,the paper analyzes the singleness of dispute settlement between the two parties.The fourth part is about the regulation of the abuse of market dominant position by the foreign standard essential patentee.It studies the relevant provisions of the European Union and the United States on the standard essential patent.On the basis of studying the relevant provisions,it analyzes the views of the European Union and the United States on the trial in judicial practice.The development of standard essential patent in the United States and the European Union is relatively earlier than that in China,so the theory and practice experience of standard necessary patent is also relatively rich.On the one hand,it can help our national enterprises understand the foreign understanding and practice of related issues,so as to better deal with litigation disputes from abroad,on the other hand,it can also provide reference for the relevant judicial practice in China.The fifth part is to improve the anti-monopoly regulation of essential patentees abusing market dominance.This paper puts forward some suggestions from three aspects.First of all,in terms of legislation,China’s standard essential patents are in the embryonic stage of development,and the standard essential patent disputes continue to occur,which need to be regulated by improving legislation.Secondly,in the aspect of law enforcement,the active review and supervision of law enforcement agencies can effectively prevent the abuse of power.Prevention is the best way to effectively solve the standard necessary patent disputes,and is also the key to save judicial resources and maintain market order.Finally,in the aspect of judicial procedure,it is necessary to advocate consultation as the premise of judicial proceedings,and to improve the efficiency of arbitration,mainly considering the particularity of enterprises for profit-making.