The Royalty Rate Is FRAND or Excessive?The Practice in the EU,China,and the Applicability of Selected Economic Models  

作　　者：CHEN Wenjing 

机构地区：[1]East China University of Political Science and Law,Shanghai,China

出　　处：《US-China Law Review》2022年第6期267-280,共14页美中法律评论（英文版）

摘　　要：Excessive pricing would raise competition concern not only in the EU,but also in China.Dominant undertakings are required,in some refusal-to-license related cases,to license their IPRs on fair,reasonable,and non-discriminatory(“FRAND”)terms.This paper,firstly from a legal perspective,distinguishes two situations involving the concept of FRAND.Then this paper investigates the definition of FRAND concept and the practice respectively in the EU and China.To strike a balance between maintaining competitive market order and providing sufficient compensation for IPR holders,economists have proposed several models,by which the economic value of the IPR at issue could be indirectly calculated and thus a FRAND royalty rate could be determined.However,those models leave many issues open in the real markets and the limitation is particularly obvious in the licensing scenario following an abusive refusal to license ruling.

关 键 词：excessive pricing FRAND economic models refusal to license 

分 类 号：H31[语言文字—英语]