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| Research on the Antitrust Problems of Abusing Market Dominant Position by Patentee of Stand Essential Patents |
| Zhang Wujun，Zhang Weiwei，GuoNingning |
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Abstract Stand essential patents（SEP）are born in the process of standard and patent integration, and SEP enhances the performance of knowledge integration. However, the patent standardization expands the power of patentee in the relevant market,and it is prone to the abuse of rights raised by the patentee. This paper analyzes the definition of the relevant market, dominant position in the market and abuses of market dominance. Due to the late start, China has an incomplete anti-monopoly system, of which relevant concepts about patent are not accurate, analysis of the relevant market are not comprehensive and the standard calculation of penalty is also deficient. In addition, due to the lack of professional law enforcement officials, China's anti-monopoly law enforcement has been limited. Through the analysis of the above problems, this paper puts forward some suggestions on the improvement of China's antimonopoly law system from two aspects of legislation and enforcement.
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