The Evolvement of Competition Law Regulation on Standard Essential Patent: Review of Taiwan’s Qualcomm Decision

• Main Authors: Lin, Ai-Hsuan, 林艾萱
• Other Authors: Liu, Shang-Jyh
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/4gtg3n

碩士 === 國立交通大學 === 科技法律研究所 === 107 === Taiwan Fair Trade Commission (TFTC) fined Qualcomm with TWD 23.4 billion on October 11, 2017, which triggered a heated debate concerning competition law regulation on standard essential patents (SEPs). Centering on this issue, the thesis splits the discussion into the following two parts. Firstly, the article provides a comprehensive overview of evolving SEP regulation in different jurisdictions through analyzing competition law regulation in chronological order in the United States, China, and Europe Union. Among the jurisdictions, the United States used to actively intervene in SEP dispute but has become moderate nowadays. Instead, either China or Europe Union tends to apply competition law to SEP issue, and China even enacts new legislation on the issue. Despite the diverging national position, these countries seem to have converging competition law regulation on Qualcomm’s antimonopoly case. Therefore, the second part of the article analyses and compares the antimonopoly decisions against Qualcomm in different jurisdictions. Based on the comparison, the article in the end turns to TFTC’s Qualcomm decision and reviews the significant legal issue through comparative perspectives, which might serve as a reference for Taiwanese competition law agencies and courts in the future.