标准必要专利禁令救济滥用的反垄断法规制

Antitrust Regulation of the Abuse of Standard-Essential Patents Injunction Relief

摘要: 在知识经济时代，标准必要专利(SEP)对产业发展和技术创新意义重大，但其禁令救济滥用问题却愈发严重。一些标准必要专利权人借助禁令救济，实施收取高额专利许可费、非法搭售等行为，破坏市场公平竞争秩序。《合同法》和《专利法》在规制此类问题时存在局限性，而《反垄断法》凭借其立法理念、主动性、强有力的惩罚手段以及政策优势，成为规制标准必要专利禁令救济滥用的有效途径。我国已构建了以《反垄断法》为核心，《标准必要专利反垄断指引》等为补充的法律法规体系，并在司法和执法实践中取得了一定成果，但仍存在不足。为进一步完善规制，应完善禁令救济的反垄断审查制度、行政指导制度以及反垄断执法与司法的协调机制，以实现标准必要专利领域的利益平衡，促进技术创新和市场竞争。

Abstract: In the era of knowledge-based economy, Standard-Essential Patents (SEP) play a crucial role in industrial development and technological innovation. However, the abuse of injunction relief for SEP has become an increasingly serious issue, with some patent holders engaging in anti-competitive practices such as demanding exorbitant patent licensing fees and illegal tying, which disrupt the fair competition order in the market. The “Contract Law” and “Patent Law” have limitations in regulating such issues. In contrast, the “Anti-Monopoly Law”, with its legislative philosophy, initiative, strong punitive measures, and policy advantages, has become an effective way to regulate the abuse of SEP injunction remedies. China has established a legal and regulatory system with the “Anti-Monopoly Law” as the core and supplemented by documents such as the “Guidelines on Anti-Monopoly in the Field of Standard Essential Patents”. Certain achievements have been made in judicial and law enforcement practices, but there are still shortcomings. To further improve the regulation, it is necessary to improve the anti-monopoly review system for injunction remedies, the administrative guidance system, and the coordination mechanism between anti-monopoly law enforcement and judicial practices. This will help achieve a balance of interests in the field of SEP and promote technological innovation and market competition