标准必要专利禁令行为的反垄断规制探析 - 北大法宝.pdf

Abstract: Seeking and enforcing injunction is one of the fundamental rights for a patent holder, but a standard could act as a platform for a SEP holder to unreasonably exercise this kind of right, resulting in the effect of eliminating or restricting competition, and ultimately destroying competition order and consumers’ welfare. It is the anti-competitive effects that warrant anti-monopoly rules to get involved in the conflicting area of interface between exercise of private right and public interest protection. When applying the prohibition regulations of abusing market dominant position under Anti-monopoly Law, antitrust authorities could take into account relevant elements concerning SEP holders, the alleged infringers as well as consumers, in order to bring the outcome of anti-monopoly regulation into full play. Key Words: standard-essential patent; injunction; abuse; anti-monopoly SEP Standard-Essential PatentsSEP SEP SEP SEP SEP SEP