Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

A Study of the Regulatory Framework of Standard Essential Patent Disputes and the Legal Effects of FRAND Commitments: Mitigating International Jurisdictional Conflicts and Improving Domestic Institutional Systems

Research Professor, Chung-Ang University; S.J.D.; Technology Transfer Agent, Republic of Korea

Correspondence to Chang Kyu Lee (sunrise@cau.ac.kr)

Volume 21, Number 2, Pages 19-46, June 2026.
Journal of Intellectual Property 2026;21(2):19-46. https://doi.org/10.34122/jip.2026.21.2.19
Received on February 04, 2026, Revised on February 19, 2026, Accepted on June 05, 2026, Published on June 30, 2026.
Copyright © 2026 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

This study analyzes the legal uncertainties and dispute structures of Standard Essential Patent licensing within the intersection of patent and competition law. It examines the legal nature of FRAND commitments as contractual obligations and third-party beneficiary structures, while synthesizing core doctrines on injunctions, determination royalties, and good faith negotiation. This study derives normative implications from market failures, such as patent hold-up, licensee hold-out, and royalty stacking. By comparing the United Kingdom’s global rate setting, China’s Anti-Suit Injunctions, and South Korea’s competition law-centered enforcement, this study identifies a shift from private disputes to jurisdictional competition. This shift escalates transaction costs and results in duplicative litigation. Therefore, this study proposes(1) international judicial cooperation through procedural agreements; (2) the strategic use of WIPO ADR as an alternative to prolonged litigation; and (3) policy support for small and medium-sized enterprises, including greater transparency, in essentiality verification. Finally, to enhance legal stability and international predictability, it suggests a phased legislative roadmap for addressing immediate legal gaps before integration into a standalone law. This approach seeks a structural balance between patent protection and fair competition, extending beyond a binary opposition between the two to foster a sustainable industrial ecosystem.
Keywords

standard essential patent, FRAND commitment, international jurisdiction, anti-suit injunction, alternative dispute resolution

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

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