Reflection on the Anti-monopoly Regulation in Addressing the Abuse of Standard Essential Patents

Abstract

At present, the discussion and treatment of the abuse of standard essential patents in the theoretical and practical circles of our country mostly focus on the regulation of anti-monopoly law. But not all the abuse of standard necessary patent can be regulated by anti-monopoly law, and the application of anti-monopoly law also has shortcomings in legal function and legal effect. It is mainly reflected in the lack of attention to the hostage takers who need the most relief, the lack of solution to the core issue of dispute how to calculate reasonable fees, the restriction of prohibitions is too strict, which is easy to lead to reverse hijacking and huge fines, which are easy to inhibit innovation and transformation and may be passed on to consumers. Therefore, we should actively explore other ways to solve this problem. While affirms the important role of anti-monopoly law in regulating the abuse of standard essential patents, it should also be aware of the superiority of patent law as an internal restriction, give full play to the important position of standard essential patent formulation organization in resolving disputes, further improve the relevant provisions on information disclosure, and actively explore the establishment of a credit regulation system for the abuse of standard essential patents. In order to solve the problem fundamentally.