推动标准必要专利许可实施 助力新质生产力发展——“标准必要专利全球治理与监管趋势”研讨会成功召开

Core Viewpoint - The licensing rules and dispute governance of Standard Essential Patents (SEPs) are a focal point in the global intellectual property landscape, impacting innovation and the collaborative development of global industrial chains [1] Group 1: Regulatory Trends - The National Market Regulatory Administration of China issued the "Antitrust Guidelines for Standard Essential Patents" in November 2024, reflecting a policy direction that balances innovation encouragement and anti-monopoly measures [1] - Global SEP licensing regulatory policies are showing differentiated trends, providing valuable experiences for optimizing China's SEP governance system [1][2] - Experts believe that SEP policies will become more complex and competitive, with regulatory tools becoming more refined, focusing on licensing fee calculations, necessity reviews, and transparency [2] Group 2: Impact on Innovation - The SEP regulatory policy changes in major countries have varied, with the EU attempting to establish a governance framework but ultimately retracting due to disputes, while the US remains in a state of flux [3] - The relationship between SEP regulation and innovation is complex, with empirical data insufficient to determine whether regulation promotes or suppresses innovation [3] - Strong regulation and excessive intervention in the SEP licensing market could undermine innovation incentives, emphasizing the need for honest negotiations and a focus on protecting rights and promoting innovation [3][5] Group 3: Judicial and Market Dynamics - China has become a preferred venue for SEP litigation, with many cases settling but a lack of impactful rulings, indicating a need for improved litigation efficiency and mechanisms [6] - Different judicial regions are competing for SEP litigation, with the UK and Germany adopting contrasting approaches that reflect their respective stances towards rights holders and implementers [6] - The complexity of SEP disputes necessitates a comprehensive rule system that addresses all stages of the SEP lifecycle, from research and development to dispute resolution [11] Group 4: Industry Perspectives - The relationship between SEP governance and market dynamics is critical, with a need for a balanced approach that respects both rights holders and implementers [12] - The role of innovation in SEP governance is emphasized, with the need for policies that support technological advancement while avoiding excessive reliance on legal or regulatory measures [5][9] - The importance of market-driven solutions for SEP disputes is highlighted, advocating for flexible tools like mediation and industry associations to resolve conflicts [12]