Abstract:
The increasing influence of standardessential patents on market competition, the FRAND principle, competition law and evolving judicial precedents have imposed certain restrictions on the enforcement of standardessential patents. However, in the process of the implementation of standardessential patents, standard patent owners and standard implementers have taken advantage of the loopholes in the rules to commit “patent hijacking” and “reverse patent hijacking” respectively. In the adjudication of standardessential patent cases, the courts must take into account various factors such as the universality of standards and patent monopoly, patent rights and patent abuse, freedom of litigation and abuse of litigation rights, competition policy and industrial policy, to demonstrate the art of judicial balance and to prevent both the abuse of rights and the “abuse of rights being abused”.