The obligation to license standards essential patents on'Fair,Reasonable and Non-discriminatory'( F / RAND rule) terms are designed to eliminate the potential for 'holdup ' brought by patentees whose p...The obligation to license standards essential patents on'Fair,Reasonable and Non-discriminatory'( F / RAND rule) terms are designed to eliminate the potential for 'holdup ' brought by patentees whose patents are thereafter asserted at unreasonable rates,and to fully compensate these patentees on'fair,reasonable and non-discriminatory'terms. Due to the globalization of manufacturing and technology, differing national approaches towards standardization and the role of the market,and the ambiguity of the F / RAND concept itself,related litigations occur quite often in major jurisdictions for emerging new technologies,such as those incorporated into smart phones and cellular networks. As the first decision in which the license rates were determined all over the world,Huawei v.IDC has had a great impact both home and abroad. Starting with a briefing and analysis of the Huawei decision,while making reference to the relevant decisions in the United States,the European Union,Japan and other jurisdictions,this article studies such significant issues as the definition, values, determination of F / RAND license rates and interventions thereto by antitrust laws in China, and provides some suggestions for the improvement of the F / RAND rule both in China and in other markets.展开更多
文摘The obligation to license standards essential patents on'Fair,Reasonable and Non-discriminatory'( F / RAND rule) terms are designed to eliminate the potential for 'holdup ' brought by patentees whose patents are thereafter asserted at unreasonable rates,and to fully compensate these patentees on'fair,reasonable and non-discriminatory'terms. Due to the globalization of manufacturing and technology, differing national approaches towards standardization and the role of the market,and the ambiguity of the F / RAND concept itself,related litigations occur quite often in major jurisdictions for emerging new technologies,such as those incorporated into smart phones and cellular networks. As the first decision in which the license rates were determined all over the world,Huawei v.IDC has had a great impact both home and abroad. Starting with a briefing and analysis of the Huawei decision,while making reference to the relevant decisions in the United States,the European Union,Japan and other jurisdictions,this article studies such significant issues as the definition, values, determination of F / RAND license rates and interventions thereto by antitrust laws in China, and provides some suggestions for the improvement of the F / RAND rule both in China and in other markets.
