Research On Issues Of Royalty Fee In The Context Of FRAND Principle Of Standard Essential Patent

The FRAND principle was originally born to resolve conflicts and disputes brought about by the creation of standard essential patents.However,until now,there has been no unified and clear stipulation on the FRAND principle.Instead,more disputes have arisen because of the FRAND license fee issue.Therefore,in recent years,the focus of research on SEPs has gradually been placed on the solution of issues related to licensing fees under the FRAND principle.As a group of Chinese companies represented by Huawei are striving to gain the right to speak in intellectual property,the issue of FRAND license fees needs to be resolved urgently from both a domestic and an international perspective.From a judicial point of view,although there are not most cases in which disputes over FRAND license fees are filed alone,the FRAND license fee will bring a series of SEP-related lawsuits,which are closely related to the reasonable determination of the license fee at the factual level;even It can be argued that resolving the licensing fee issue is a key point in resolving the SEP dispute.At present,the judicial authorities of various countries have not unified the principle of how to confirm the license fee to maximize the FRAND principle,which undoubtedly brings obstacles to dispute settlement.On the whole,the issues that need to be discussed in this thesis are divided into two aspects: one is to discuss the origin of the FRAND principle licensing fee problem and the resulting disputes,which provide a rationale for solving the essential elements and necessity of the problem.;Second,the specific plans and measures determined by the license fee and the corresponding system improvement are the core elements to solve the problem.In order to explore a reasonable solution to the license fee,in the first part of the article,the author briefly introduces the origin and relationship between SEP and the FRAND principle;in the second part of the article,the author proposes FRAND through the vague definition of the FRAND principle itself.The principle allows all parties with conflict of interest to have sufficient space to mediate to maximize or minimize the license fee for themselves.Under the guidance of this concept,there will be litigation related to patent hijacking,patent anti-hijacking,and anti-suit injunctions.question.The author believes that this is an inevitable consequence of the conflict of license fees,and on the other hand,it also counteracts the aggravation of the problem of license fees.The author also analyzes the negative effects of these three problems,further expounds the urgency of solving the licensing fee problem,and strengthens the theoretical basis of the essay.In the third and fourth parts of the article,the author tries to explore the solutions and factors of the current international related tariff problems through a large number of case studies,and on this basis,proposes new solutions,looks forward to the future,and discusses the future international and The possible development direction of tariff dispute settlement under the FRAND principle in China.Compared with the traditional literature,which mainly discusses a single method and a simple combination of methods,this thesis uses an economic model as a supplement to help calibrate the rationality of licensing fees after a comprehensive analysis;In the context of soliciting opinions on the latest policy of the FRAND principle,closely following the cutting-edge theories,it is proposed to learn from the British Intellectual Property Office’s adjudication ideas for FRAND licensing fees as much as possible,because it may lead a new international adjudication trend;An addition to the licensing regime,which can be invoked by domestic courts to determine reasonable licensing fees.In general,this article is based on domestic and international,not only provides opinions on the overall licensing fee determination method in the international environment,but also pays attention to the attention and improvement that should be made in domestic judicial trials.