标准必要专利许可费司法定价之惑 - 北大法宝.PDF

Abstract: The standard essential patent licensing fee is one of the core issues of FRAND; it is also the focus of the parties dispute. The factors that affect the calculation of patent licensing fees are complicated. Although the patent valuation theory has different evaluation methods for the quantitative evaluation of patent value, but there is no recognized effective method, and the evaluation results are not recognized. Patent standardization strengthens the complexity of assessing the value of patents and patent licensing fees. Therefore, the court is diffi cult to determine the patent license fees in line with FRAND. The dispute of license fee does not have the possibility of suing in the Contract Law. Antitrust lawsuits and compulsory license will not lead to a court ruling on patent licensing fees. The court determines the license fee at the lowest rate may not meet FRAND, and may also damage the legitimate interests of the patentee. Key Words: standard essential patent; licensing fee; judicial pricing FRAND Fair, Reasonable and NondiscriminatoryFRAND