A Study of the Way to Deal with the FRAND Licensing Terms of Standard Essential Patents from the Baseband Chips Industry—Focusing on Case of Qualcomm

• Main Authors: Lee, Ya-Ting, 李雅婷
• Other Authors: Chan, Kwei-Hang
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/z4r56j

碩士 === 國立政治大學 === 科技管理與智慧財產研究所 === 106 === 　　With the innovation of mobile communication technology, it has brought unprecedented changes to the lifestyle of human beings. Because of the compatibility of mobile communication, to the efficiency and popularity of related technologies, the mains tream is setting Standard of Essential Patents (SEPs) by Standard-setting Organization (SSO). And in order to prevent the SEP holders abuse of market dominance and being harmful to the innovation incentive and competition, the SEP holder must abide by the intellectual property policy and FRAND license terms of SSO. However, because of the ambiguous definition of FRAND, there are many disputes in competition law when licensing. 　　This research will starts from the patent and SEPs, FRAND terms, the relevant competition regulations of the United States, Japan, the European Union, Taiwan and China, and then focus on the current situation of the international mainstream countries in the Qualcomm case, then discuss three vital disputes of the competition law cause by SEP licensing—refusal of license, patent hold-up and good-faith negotiation, reasonable loyalty, and analyze the mainstream opinions internationally in the recent years. In the conclusion, there will be comprehensive discussions based on the contents mentioned above for Taiwan. In the current situation of the baseband chip industry and the FRAND licensing terms, a possible solution will be proposed to provide insights for the fast-changing future of baseband chips industry.