Missbräuchliche Ausnutzung standardessentieller Patente in der VR China

Establishing an adequate balance between the SEP owner and the standard user is important for promoting technology innovation and the development of society. This requires a clear determination of abusive exploitation of SEP. As China has become a major player in the global market in recent years and has proven to be a global economic powerhouse, China’s legal, judicial and antimonopoly practices with respect to SEP are likely to have a large global impact on the sector concerned. Therefore, an antitrust investigation into the abusive licensing practice of the SEP owner, considering the Chinese experience, is economically and legally important.
The purpose of this thesis is to present the Chinese solution and treatment in relation to the misuse of patent rights by the SEP holder and at the same time to assess and evaluate the experiences of foreign legal systems, in particular the EU and German legal systems, without neglecting the Chinese characteristics, and ultimately to try to get answers to some important, still open problems to exploit the SEP.