英文摘要 |
The issue on how to apply the “abuse of market dominance” defense to the alleged “ standard essential patents” infringement under the EU law has been raised in “Huawei v. ZTE”. Whereas the current German “Orange Book Standard” rule has its own shortcomings and is potentially in conflict with the EU rules and the EU law still lacks binding and clear rules concerning the raised disputes, this case is representative and of high research value. The new EU rules may be created from this case, and it will have critical influence to “standard essential patents” infringement and antitrust defense on compulsory licensing. It is suggested that the new rule should adopt a three-fold test so as to specializing how Art. 102 of the Treaty on the Functioning of the European applies to the abuse of dominant market positions of “standard essential patents”. Moreover, combining specific policy considerations, the EU rule is also a useful reference for improving China’s legal system as to the same topic. |