Regulation of Standard Essential Patent from the Perspective of EU Competition Law

Standard-essential patent issues are highly complex, and the related global patent litigation is becoming increasingly fierce. Taking advantage of the traditional advantages of competition law and a highly effective enforcement mechanism, the European Union has formed an EU path based on competition laws and regulations under the joint exploration of the European Commission, the European Court of Justice and the judicial and anti-monopoly enforcement agencies of member states. By establishing and applying an antitrust defense mechanism in individual cases, the conflict of interest between the patentee and the standard implementer is effectively balanced. In recent years, judicial practice represented by the Unwired Planet v. Huawei cases has reflected the limitations of the EU competition law and regulation path, and requires the EU to respond actively to achieve the balance of interests and the maintenance of fair market competition.