A Study on the Standards Essential Patents in the U.S.： Focusing on Reasonable Royalties and Injunction

• Main Authors: Chia-yen Hsieh, 謝佳晏
• Other Authors: 葉德輝
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/5q6czd

碩士 === 逢甲大學 === 財經法律研究所 === 103 === After smart phone and tablet are widespread, the technical standard and patent right become the new field of the science and technology. Although Standard setting organizations (SSO) require patent holder should commit to license that on FRAND terms, SSO doesn’t define FRAND terms. It result in patent holder and potential licensee are understand in different and then to trigger a global patent war. The patent war raises two issues: 1. How to calculate a FRAND royalty rate? 2. Whether the patent holder to seek an injunction shall be restricted? These thesis focusing on the judicial practice in the U.S. and also refer to relevant judgments of the European Union, Japan and China. Finally, these thesis provide suggestions for the judicial practice operation at the present stage.