Research On The Legal Regulation Of Patent Reverse Hijacking

In the era of knowledge economy,the integration trend of patents and standards is increasing.The disputes about essential patents appear in the public view.Considering the maximization of their own interests,both the patentee and the standard implementer may abuse their rights to damage the legitimate rights and interests of the other party.The patentee of standard necessity may use his monopoly advantage to coerce the standard implementer to accept unreasonable high license fee and carry out patent hijacking;The implementer of standards may also try their best to use the fuzziness of FRAND principle to refuse to pay,delay or less pay the patent license fee,and implement patent reverse hijacking.Either patent hijacking or patent reverse hijacking will break the balance of interests between the two parties,damage the market competition environment and hinder the application and promotion of the standard.Therefore,it is necessary to regulate these two behaviors reasonably.At present,most of our theoretical and practical circles focus on the legal regulation of patent hijacking,while the theoretical research on patent reverse hijacking is relatively lacking.The author thinks that we should pay attention to the risk of patent reverse hijacking.There have been typical cases of reverse hijacking in judicial practice,and it is urgent to guide the theory of regulating patent reverse hijacking.In view of this,this paper first expounds the patent reverse hijacking behavior itself,including the connotation,economic system background,main forms and harm of patent reverse hijacking behavior,so as to form a basic understanding of patent reverse hijacking behavior;Secondly,through the analysis of several focus problems in the legal regulation of patent reverse hijacking behavior,including patent reverse hijacking In order to further deepen the understanding of patent reverse hijacking,this paper analyzes the legal nature of patent reverse hijacking,the application of injunctive relief and the determination of FRAND license fee;Thirdly,it introduces the current situation of the legal regulation of patent reverse hijacking in China,summarizes the shortcomings of the existing regulation,and determines the general direction for the following suggestions;Fourthly,it analyzes the relief rules of foreign countries to deal with patent reverse hijacking,so as to pave the way for learning from the beneficial experience of foreign countries;Finally,in view of the shortcomings of the current legal regulation of patent reverse hijacking in China,combined with the beneficial experience of foreign countries,this paper puts forward some suggestions to improve the legal regulation of patent reverse hijacking from the perspectives of patent information disclosure and license fee relative openness,application of injunction relief,judicial determination of FRAND license fee,damages relief and intellectual property information punishment,It is hoped that these suggestions will help to balance the interests between the patentee and the implementer of the standard,and promote the wide application of the standard and the innovation and development of the society.