标准必要专利许可非歧视规则法律适用问题研究OACHSSCD

In the judicial determination of standard essential patent licensing royalties,the non-dis-crimination licensing obligation of patent owners has dual legal sources of contract law and antitrust law.The court may use non-discrimination rules to determine the suitability of the standard essential patent li-censing royalties.In applying non-discrimination rules,the determination of differences in patent licensing fees should consider the diversity and selectivity of calculation methods,the cost of technology used by pa-tent owners,and address the issue of transparency in patent licensing fees.The influencing factors of the reasonable basis for the differential pricing of patent licensing fees include the timing of patent licensing ne-gotiations,the cost-benefit of patent implementation,and the differences in the scope of licensed patent objects,but should not include the identity of the licensees and their position in the industry chain.