| dc.description.abstract | In recent years, the competition authorities of China, South Korea, the European Union, the United States, and Taiwan all have paid lots of attention to Qualcomm. The reason why they did so was because Qualcomm relied on its standards-essential patents of mobile communication technology to take dominant market position, and in the same time, Qualcomm also built a complete set of business model in order to draw a huge amount of profit from the mobile communications industry market.
Since 2015, China, South Korea, the European Union, the United States, and Taiwan have successively investigated and punished Qualcomm. Except for the U.S., which has not yet made a complete judgment, the rest of the countries all made the decision to impose large amount of fine upon Qualcomm, which has attracted international attention. In Taiwan, after FTC made that decision, a rare condition happened. FTC reconsidered about the development of 5G technology, and changed its mind by reaching a reconciliation with Qualcomm. This situation took place because of lacking of the experience about dealing with cases regarding standards-essential patents and FRAND commitments. And also because the mode of how to exam this kind of issues has not yet been build.
Since cases about standards-essential patents and FRAND commitments are usually complicated, and if dealing with the cases without a sound and clear review policy, it would be likely to harm the future development of an industry and the status of market competition, so this thesis intends to find out each factors that should be considered when a competition authority or a court examining a case about violating FRAND commitments. In the same time, this thesis also intends to construct a specific and clear ”competition law review standard for violations of FRAND commitments” in order to achieve a balance between the protection of intellectual property rights and the protection of healthy market environment, while maintaining the sound state of economic and technological development.
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