Study on Issues of Standard Essential Patent Issues - Focusing on Reasonable Royalty under the FRAND License

• Main Authors: Meng-Hsuan Shu, 束孟軒
• Other Authors: 李素華
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/f52r8v

碩士 === 國立臺灣大學 === 法律學研究所 === 107 === In recent years, with the rise and progress of telecommunication standards and Internet of Things, Standard Essential Patent has drawn more attention, even created a lot of issues. There are not many cases about the standard-essential patent in Taiwan, the well-known ‘’Philips Case’’ is simply a case about ‘’ de facto standard’’, not a standard set by standard-setting organizations. Whether the courts’ opinion, in this case, can be used in other cases about the FRAND commitments is one of the issues in this thesis. This thesis figured out that the most important part of a patent license is patent royalty, so this thesis focuses on reasonable royalty under the FRAND License. This thesis looks into the legal system and the cases of the countries, including the United States, the United Kingdom, Germany, Japan, and China, regarding the reasonable royalty under the FRAND License issues. This thesis also reviews the articles which discuss the reasonable royalty under the FRAND License issues. First, this thesis discusses the positive and negative influences caused by the standard. Second, this thesis discusses the content of FRAND commitments. Methodologies for calculating the reasonable royalty also is a part of this thesis. When we need to find the appropriate royalty base, we should base on the principle of using the SSPPU, make an exception of using EMVR. This thesis also discusses how to decide the method of calculating the reasonable royalty rate according to different situations. Finally, this thesis review the litigations and articles in Taiwan and offer some advice to better the opinion about FRAND License.