The influence of developing of Telecommunication Development industry to Standard essential patents in mainland China —— the study of antitrust case in Huawei vs InterDigital and qualcomm

• Main Author: 王玉宇
• Other Authors: 宋皇志
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/v7dq7s

碩士 === 國立政治大學 === 科技管理與智慧財產研究所 === 104 === For the first time that the Chinese mobile communication enterprise had a confrontation with the famous American NPE in mobile industry——Interdigital, it ended up with the result that Interdigital paid the composition of 20 million RMB. Moreover, China Development and Reform Commission gave Qualcomm a ticket of Six billion after the antitrust investigation of its abuse of Standard Essential Patents. All these numbers not only attracted public concern to the Chinese mobile communication industry, but also make some related participants thought the time of cases happened showed the sentences might be the policy methods to develop the Chinese own mobile communication industry. Since TD-SCDMA became one of the global certificated 3rd Generation Standard, Chinese government has made great efforts to develop the Chinese mobile communication under the banner of development of TD industry. After the Beijing Olympic Games in 2008, Chinese government’s determination in developing the Chinese mobile communication became greater. The evidences were the increase of banks loans and the protection of industrial methods in related filed. Furthermore, the communication giants’ pattern wars in the field of the global communication industry during recent years also raised public attention to the patterns, especially the standard essential patents which played a critical role in communication industry. This thesis attempts to reveal the industrial situations of different stages in the development of communication industry after the rise of Chinese TD industrial concept by sorting out the evaluation of TD industrial policies. Moreover, two antirust cases of HUAWEI VS InterDigital and Qualcomm shows how the sentences affected the operating mode of standard essential patents in Chinese mobile communication industry behind the industrial policies.