标准必要专利滥用的反垄断规制

Antimonopoly Regulating of Standard Essential Patents Abuse

近年来,随着我国企业开拓海外市场,遭遇标准必要专利相关诉讼和反垄断案件也随之增多,这些案件涉案金额高,专业性强,有些甚至涉及国家重大公共利益。然而,我国虽然逐步推动标准必要专利滥用规制体系的建立,但尚未形成我国自己特有的标准必要专利滥用的反垄断规制体系。本文在分析我国现行立法的基础上,提出标准必要专利滥用市场支配地位的行为界定、禁令救济限制和判定许可费率存在的问题,通过分析比较国内外标准必要专利滥用规制制度和侵权案例,提出完善我国标准必要专利滥用反垄断规制的对策,提出了相关市场范围的界定规则、禁令救济适用的情形、许可费率的衡量标准。

In recent years, lawsuilt and antitrust cases related to standards essential patents（ SEP） are increased with the development of Chinese enterprises exploring overseas markets that involved high amount of money in these cases, the studies on these case need a strong professional method, and some even have huge impact on public interest of the country. Although the the establishment of SEPs regulation system was promoted industriously by Chinese government, the anti-monopoly legislation on intellectual property rights were rare, whats more, our own unique SEPs antitrust regulation system is not established. On the basis of our SEPs antitrust analysis about current legislation, the behavior of abuse market position were discussed, the injunctive relief and license fee issues are compared with the treatment abroad in such cases. By analysing and comparing with the international SEPs infringement cases, the advises are proposed to the establishment and improvement of SEPs antitrust regulation system. The methord on the means of SEPs antitrust regulation have been proposed that the scope and rule of SEPs relevant market, the principles about applications of SEPs owner＇s injunctive relief and the standard of license fee in the Chinese law.