Research on the Licensing Dilemmas and Antitrust Regulation of Standard Essential Patents (SEPs) for Intelligent Connected Vehicles in China
Research on the Licensing Dilemmas and Antitrust Regulation of Standard Essential Patents (SEPs) for Intelligent Connected Vehicles in China
조바오잉(동아대학교); 김희준(동아대학교 법학전문대학원)
29권 1호, 387~428쪽
초록
Against the backdrop of the accelerated iteration of the global intelligent connected vehicle industry, Standard-Essential Patents (SEPs) have become the core focus of competition in the industrial chain. The deep integration of communication technology and the automotive industry has expanded the application scope of SEPs in the field of intelligent connected vehicles. However, issues such as the ambiguous definition of the FRAND principle and inadequate adaptability of licensing models have given rise to a series of disputes, including disputes over licensing levels, abuse of package licensing, and patent holdup. The combination of the mandatory nature of standards and the inherent monopolistic nature of patents has placed SEP holders in a dominant position, while automakers and component suppliers are at a disadvantage due to insufficient negotiation experience and technical dependence. Compared with traditional private law adjustment paths, antitrust regulation, with its universality and extensiveness, has emerged as an effective way to address the chaos in SEP licensing. This paper takes the practice of SEP licensing in intelligent connected vehicles as the research object, systematically analyzes the core issues in the current licensing process, sorts out the theoretical basis and application logic of antitrust regulation, explores identification standards and implementation paths through typical cases, and finally proposes institutional optimization suggestions that balance rights protection and market competition. It aims to provide legal support and practical reference for the healthy development of China's intelligent connected vehicle industry.
Abstract
Against the backdrop of the accelerated iteration of the global intelligent connected vehicle industry, Standard-Essential Patents (SEPs) have become the core focus of competition in the industrial chain. The deep integration of communication technology and the automotive industry has expanded the application scope of SEPs in the field of intelligent connected vehicles. However, issues such as the ambiguous definition of the FRAND principle and inadequate adaptability of licensing models have given rise to a series of disputes, including disputes over licensing levels, abuse of package licensing, and patent holdup. The combination of the mandatory nature of standards and the inherent monopolistic nature of patents has placed SEP holders in a dominant position, while automakers and component suppliers are at a disadvantage due to insufficient negotiation experience and technical dependence. Compared with traditional private law adjustment paths, antitrust regulation, with its universality and extensiveness, has emerged as an effective way to address the chaos in SEP licensing. This paper takes the practice of SEP licensing in intelligent connected vehicles as the research object, systematically analyzes the core issues in the current licensing process, sorts out the theoretical basis and application logic of antitrust regulation, explores identification standards and implementation paths through typical cases, and finally proposes institutional optimization suggestions that balance rights protection and market competition. It aims to provide legal support and practical reference for the healthy development of China's intelligent connected vehicle industry.
- 발행기관:
- 법학연구소
- 분류:
- 법학