Abstract
Intelligent Connected Vehicle (ICV) is one of the most important strategic industries in China, which with both technology and standard intensive characteristics. Standard Essential Patents (SEPs) have become the focus of competition globally in the automotive industry. Even though resources are invested heavily in research and development by automotive related companies, almost all the major automotive companies are facing the licensing and litigation problems caused by SEPs. In comparison with the patent law and other private laws, it is more applicable to regulate the abuse of SEPs from the perspective of anti-trust in China. Topics like how to deal with the “patent hold-up”, how to deal with the potential anti-trust violations, how to apply FRAND principles and anti-trust regulations to SEPs licensing, and how to build a rate calculation framework in the automotive industry, should be analyzed seriously.
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