The competition law on standard essential patents under fair, reasonable and non-discriminatory terms

Abstract

Many countries have called for the competition law as an appropriate mechanism, or even a tendency, in the circumstance where the patent law as well as other legal frameworks had embarrassed in front of the patent owner’s acts soon after recording its intellectual property rights. Based on the practice of law implemention in several countries, this paper points out the fact of intellectual property owners’ maintenance and abuse of their dominant position, which thereby provides the main reason for the utilisation of the competition law to deal with the issue in question. The paper especially pays attention to the competition law approach under circumstances where there are many standard-essential patents with the fair, reasonable and non-discriminatoryterms. Accordingly, the case analysis of Motorola Mobility Inc. Google presents a simplified illustration of solving problems relevant to the impediment to others’ consumption of standard-essential patents under the popular said terms by such patent owners’ unfair or monopolistic injunctions from the competition law perspective.