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Content and Methods of Balancing the Interests of Antitrust Law in Regulating the Abuse of Standard-Essential Patents

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DOI: 10.23977/law.2024.030412 | Downloads: 9 | Views: 137


Yu Xing 1, Ruohan Jin 2


1 School of Intellectual Property, Nanjing University of Science and Technology, Nanjing, 210094, China
2 School of Human Sciences, Beijing University of Posts and Telecommunications, Beijing, 100876, China

Corresponding Author

Yu Xing


Safeguarding the public interest of society is the value goal of antitrust law, and in the process of realizing this goal, there is a need to balance the interests of the public interest of society and the interests of individuals, as well as the conflicts between different public interests of society. How to balance the interests of antitrust law in regulating the abuse of standard-essential patents is a problem that must face. Specifically, the content and methodology can summarise as follows: clarifying the conflict of interests involved in or arising from the abuse of standard-essential patents, analyzing the influencing factors of the conflict of interests, and applying the specific rules of antitrust law under the idea of balancing interests.


Standard essential patents, balance of interests, antitrust law


Yu Xing, Ruohan Jin, Content and Methods of Balancing the Interests of Antitrust Law in Regulating the Abuse of Standard-Essential Patents. Science of Law Journal (2024) Vol. 3: 95-101. DOI: 10.23977/law.2024.030412.


[1] See Hu Pingren. A new theory of legal subjects [J]. Gansu Social Science, 2023,(06):111-127.
[2] See Dong XK. Balance of Interests in Antitrust Law Regulating the Utilisation of Standard-Essential Patents--Another Comment on the Antitrust Guidelines on Misuse of Intellectual Property Rights (Draft for Comment) [J]. Academic Forum, 2019, 42(04): 27-35. 
[3] See Liu Guixiang. Judicial Considerations on the Theory of Abuse of Market Dominance[J]. China law, 2016, (05): 260-280.
[4] See Ding Maozhong. On the Antitrust Regulation of Patent Overpriced Licensing[J]. Intellectual Property Rights, 2016, (03): 70-75.

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