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Trial site

　　75-year-old Sun Popo bought an old mobile phone. She can’t even send SMS, but the police found out that her mobile phone sent a lot of fraudulent SMS. What’s the matter?

　　Last year, police in Panzhihua, Sichuan successfully cracked a case of illegally controlling computer information system. On February 23 -24 this year, 19 suspects involved in the case were prosecuted, including 2 graduate students, 5 undergraduate students and 5 junior college students. This is a typical high IQ new Internet crime case.

　　During the trial, the black industrial chain behind it was unveiled. In this case, the criminal suspect took the elderly function machine as the crime carrier, implanted Trojan horse programs in the production of the elderly function machine, controlled the function machine through overseas servers, and carried out criminal activities in various ways, such as sending short messages in groups, obtaining SMS verification codes, and colluding with SP vendors to secretly deduct fees. The case involved 31 provinces, municipalities and autonomous regions, involving millions of mobile phones, involving more than 200 million yuan.

　　A fraud clue leads to a big case.

　　Millions of old machines have been implanted with Trojan horses.

　　Time went back to March 12th last year, and the East Branch of Panzhihua Public Security Bureau received a fraud clue: Yang Mouqi, a citizen of Chengdu, was defrauded of 6400 yuan by a mobile phone fraud message. After investigation by the police, the user of the mobile phone number is Sun Mofang, a resident of Panzhihua East District, who is 75 years old this year.

　　The police retrieved the call list of the mobile phone number since December 2019 and found that the mobile phone number sent more than 380 text messages to more than 200 mobile phone numbers, and there were a large number of 2G Internet traffic records. But in fact, Sun Mofang will only use the elderly to dial several shortcut numbers set by her children, and will not operate the mobile phone to send text messages.

　　Further investigation by the Netan police found that the mobile phone was implanted with a Trojan horse program to control the mobile phone, controlled by an external server, and sent fraudulent short messages to others. After the case was finally cracked, a large amount of background server data was obtained and more than 20,000 suspicious mobile phones were seized.

　　After further investigation, the police found that the criminal gang headed by Chen registered a special technology company in Shenzhen to produce mobile phones and sell the elderly phones with Trojan horse function to the market. Once the mobile phone is purchased and used as a card, it will actively send the mobile phone number to the criminal gang, and automatically connect with the background server of the technology company to achieve the purpose of controlling the target mobile phone.

　　After finding out the organizational structure of the whole criminal gang, the task force went to Shenzhen, Zhejiang and Chongqing to carry out the network collection work, destroyed the criminal gang in one fell swoop, and obtained a large amount of background server data and more than 20 thousand unsold mobile phones equipped with Trojans. Later, the background service data showed that millions of mobile phones were involved, involving more than 200 million yuan, and the victims were all over 31 provinces, municipalities and autonomous regions.

　　Illegal control of mobile phones for profit

　　The amount of illegal income of gangs reached 200 million yuan.

　　On February 23 -24 this year, the Eastern District Court of Panzhihua City publicly heard the case.

　　The procuratorate accused that since 2013, the defendant Chen has successively cooperated with the defendants Bao Moliang and Deng Mou to realize illegal control of the mobile phone by implanting the Trojan horse program into the mobile phone, and then successively carried out illegal profit-making activities such as value-added service subscription, verification code interception, and short message group sending on the already controlled Trojan mobile phone, with many victims. In the process of illegally controlling mobile phones for profit, the defendant Chen Moumou and others jointly obtained illegal income of RMB 207.47 million.

　　The procuratorial organ believes that the defendant Chen Moumou and others illegally controlled the computer information system in violation of state regulations, and the circumstances were particularly serious. Their actions violated the provisions of the second paragraph of Article 285 of the Criminal Law of People’s Republic of China (PRC), and the criminal facts were clear and the evidence was true and sufficient. Therefore, criminal responsibility should be investigated for the crime of illegally controlling the computer information system.

　　During the trial, both the prosecution and the defense fully expressed their opinions and gave evidence and cross-examined the evidence involved. In response to the opinions put forward by the defendant and the defender, the court informed the appraiser to testify in court after the application of the public prosecution agency, and the essence of the trial was reflected.

　　Due to the complexity of the case and the large number of people involved, at the end of the trial, the court announced an alternative verdict.

　　Gang members have high academic qualifications.

　　12 people above junior college, including 2 graduate students.

　　According to the People’s Court of East District of Panzhihua City, the case of 19 people, including the defendant Chen Moumou, suspected of illegally controlling the computer information system was heard in public, which was the first case of illegally controlling the computer information system tried by the court system of Panzhihua City since the crime was newly added in the Criminal Law Amendment (VII) of People’s Republic of China (PRC) in 2009.

　　According to the court, among the 19 suspects involved in the case, 2 have postgraduate degrees, 5 have undergraduate degrees and 5 have junior college degrees, with 58 files and some electronic evidence, which is a typical new Internet crime case with high IQ.

　　"The crime of providing intrusion and illegal control of computer information system programs is a new crime in criminal law in recent years. The Internet is not a place of extra-legality. Any act of using illegal technical means to engage in illegal and criminal activities on the Internet will be resolutely cracked down by the judicial organs and punished according to law. " The judge said that in this case, there were 12 suspects with college education or above, and the bright future was destroyed, which was embarrassing.

　　The judge reminded:

　　As mobile phone users, the masses should be vigilant and discerning. Some old machines produced by informal manufacturers may have hidden dangers of being implanted with Trojan horses. It is suggested to buy electronic equipment produced by regular manufacturers in regular stores. Don’t easily click and download links and programs from unknown sources, and don’t easily disclose personal information to outsiders. The elderly and teenagers are the key groups of criminals who commit fraud, so it is necessary to strengthen publicity and education for the elderly and students at home. If the tariff is abnormal, it is necessary to check the tariff situation through the operator in time; Once cheated, call the police immediately.

　　Chengdu Business Daily-Red Star Journalist Jiang Long

　　According to the police and courts in Panzhihua East District

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　　Disclaimer: The above car purchase preferential information is provided by the comprehensive dealers of this website, and the price fluctuates greatly due to market factors, which is only for car purchase reference; The distributor is responsible for its authenticity, accuracy and legality, and this website does not provide any guarantee or assume any legal responsibility.

　

Recently, a new user named "996icu" appeared on GitHub, an international open source community. He built a new code warehouse named "996.ICU", pointing out that the "996" working system prevailing in Internet companies seriously violated the labor law. Subsequently, this quickly became a professional group of programmers and even a national topic.

The so-called "996" working system refers to working hours from 9: 00 am to 9: 00 pm, with one hour off at noon and evening, totaling more than 10 hours a day, working six days a week and working 72 hours a week. This working time, regardless of whether there is overtime pay, has violated the labor law.

This kind of working system gives people the first impression that enterprises are squeezing employees, but if programmers are weak, then why can programmers get a high salary of 20 thousand to 30 thousand? In fact, programmers are not a vulnerable group, but a group with high salary, high quality, high skills, high attention and high voice. The various factors and logic contained in their rights protection actions are more complicated.

In the consumer market, there are two important methodologies to judge whether an enterprise has violated the interests of consumers: Is there competition? Is consumer sovereignty still there?If the answers to these two questions are yes, I don’t think there is any big problem.

Similarly,On the issue of overtime and wages, there are also two methodologies: is the enterprise in a competitive state in the labor market? Can job seekers choose?If these two answers are in the affirmative, then the problem will not be too serious.

Moreover, under these two premises, safeguarding rights is definitely not as simple as it seems. There must be deep-seated factors besides the simple explanation of "enterprises squeezing employees".

It is worth noting that,Opposing "996" is more of a group appeal, but it has not become a universal behavior of individuals in the group.

Theoretically, programmers have the ability to get rid of the 996 working system by individual choice. For example, ask if you want to work overtime regularly during the interview; Resignation from the company that announced the implementation of 996; You can also choose to go to a smaller company. This kind of dispersed individual behavior will eventually form a group trend, which makes the company dare not implement the 996 working system at will.

In fact, the high salary of programmers comes from this mechanism. Programmers make choices independently and dispersedly, and use the method of "voting with their feet" to make enterprises offer high salaries. Finally, the systematic situation of programmers’ general high salaries is shaped.

Why can the decentralized and independent individual selection mechanism bring high salaries to programmers, but it can’t make them get rid of 996?

From the industry point of view, the Internet and IT industries have fierce competition and rapid development, and the company must strive hard; From the specific nature of work, programmers are often faced with urgent needs and often have unexpected events to solve, which will lead to frequent overtime. The nature of business makes overtime work a "just need" for employees.

From a larger perspective, China’s overall income is not high. According to the economic law, when the income is not high, people tend to work more in exchange for more wages. This makes employees’ motivation against overtime weak. Just as a programmer told reporters: As long as the money is in place, everything can be said.

In fact, the IT industry has experienced explosive growth in the past 30 years. Entrepreneurship, equity and listing have constructed one wealth myth after another.People in IT companies are willing to work overtime, which is largely due to the wealth effect. Entrepreneurship, options, bonuses and dividends all encourage employees in the industry to work overtime.

The industry’s just need for overtime, employees’ expectation of wealth and weak resistance to overtime often form a culture, which leads to all kinds of unnecessary overtime. For example, in a department or a company, when someone works overtime, others are forced to follow suit. Over time, it has become the default consensus that Internet companies work long hours and are not fixed. In the end, the company unscrupulously stood up and implemented the 996 system, turning overtime into a solidified system.

However, the Internet industry is developing at a rapid pace, and many things have changed.

From the perspective of the big economic law, with the increase of wage level, with rich income, the marginal effect of income begins to decrease, and workers will think that leisure is more important than income growth, preferring to increase leisure and reduce working hours.

From the time point of view, "996" was mentioned frequently from about 2014, and it took about five years for this outbreak to be a hot topic. Five years ago, it was the time when the myth of entrepreneurship and wealth creation brought by the mobile Internet kept emerging. Five years later, the economy is in a new normal, the Internet’s wealth-making ability is no longer beautiful, and the incentives are reduced.Without money, overtime culture can’t continue.

Therefore, when the "996ICU" action appeals, awakens and influences the programmers in China, the "996" overtime system will be more severely challenged. Internet companies in China should conform to this general trend and maintain long-term sustainable development with better labor protection and welfare.

Of course, at the same time, the characteristics of the Internet and IT industries also need to be respected. For example, your APP can’t be used, and you definitely want programmers to work continuously to solve this problem. Therefore, the introduction of flexible working hours is also inevitable.

It is worth noting that the implementation of flexible working hours in China needs the approval of relevant supervision departments, so law enforcement departments also need to respect the diversified market formats and make appropriate adjustments.Only legal and clear overtime can make those illegal and vague overtime more obvious, so as to better regulate it.

　　On the morning of February 15th, Weibo Yongning Education, the official announcement of Yongning County Education and Sports Bureau of Yinchuan City, Ningxia, said that on February 13th, Yongning County Education and Sports Bureau received the related questions from Yongning Middle School teacher Wu Fan on the Internet and immediately intervened in the investigation.

　　After investigation, the teacher made inappropriate remarks unrelated to the teaching content during the online teaching on April 16, 2020, which had a negative impact. According to the detailed rules for the implementation of the measures for the treatment of primary and secondary school teachers’ violation of professional ethics in Ningxia Hui Autonomous Region (Trial), the Yongning County Education and Sports Bureau decided to give Wu Fan an order to check, and in informed criticism, the county’s education system, the qualification for evaluation and evaluation was cancelled within two years; Informed criticism, the principal of Yongning Middle School in the county education system.

　　According to the report, the person in charge of Yongning Middle School and the teachers involved have actively communicated with the students and parents, sincerely apologizing, and the students and parents expressed their understanding. In the next step, Yongning County Education and Sports Bureau will further standardize teachers’ teaching behavior and vigorously improve teachers’ ideological and political quality, moral cultivation and professional level. Thanks to netizens, students and parents for their supervision and support. (The Paper reporter Lu Xinwen)

Xiaobian once had an article showing part.American phrases that confuse the BritishNow let’s change our minds and look at some confusing English phrases. The origins of some idioms or idioms commonly used by the British are ambiguous, which makes the pro-British people afraid that they are not used to these unusual expressions.

1. They’re chalk and cheese. What does it mean?

A. They’re very different.

B. They’re looking pale.

C. They’re very fickle.

2. Bob’s your uncle! What does it mean?

A. You used nepotism.

B. What a coincidence!

C. You come from a rural area.

D. The task is easily achieved.

3. I’ve known her for donkey’s. What does it mean?

A. I’ve known her for a very long time.

B. She’s a jerk.

C. I don’t trust her.

D. I know a lot of her secrets.

4. Something for the weekend. What does it mean?

A. A condom

B. A time-consuming hobby

C. Marijuana

D. A duvet

5. At Her Majesty’s pleasure. What does it mean?

A. A lazy morning

B. Waiting for somebody slow

C. A beautiful sunset

D. In prison

6. Swings and roundabouts. What does it mean?

A. Ways of avoiding problem

B. Obstacles that prevent you getting somewhere

C. Gains and losses that offset each other

D. Perks of a job that aren’t mentioned in the job advert

7. Horses for courses. What does it mean?

A. Somebody wearing cloths suited to a younger person

B. Food that looks good by tastes terrible

C. A very competitive race

D. Different things suit different people

8. He’s got the hump.

A. He’s in love

B. He’s very hungry

C. He’s annoyed

D. He can drink a lot of alcohol without getting drunk

9. I need to spend a penny

A. I’m addicted to candy

B. I can’t afford to go abroad this year

C. I need to go to the toilet

D. I need to change my shoes

10. He’s on the pull

A. He’s going to get promoted

B. He relies on charity

C. He’s hoping to have sex with someone

D. He’s driving

Are you ready to read the answer? Pull down!

1. A

"challenge and cheese" is equivalent to "apples and oranges" said by Americans. It describes that two things or people are completely different or completely incompatible. The usual sentence pattern is "like/as different as challenge and cheese", for example, we’ll never get on-we’re like challenge and cheese.

2. D

"Bob’s your uncle" is said to have originated from Arthur Balfour. He was appointed to several prestigious positions by his uncle Robert Cecil (nicknamed Bob), and now it is used to indicate that he can finish a task easily. For example, put together a couple of kitchen fittings, buy a coffee machine and Bob’s your uncle.

3. A

"Donkey’s" is usually a shorthand for "donkey’s years". At first, it may be written as donkey’s ears, which means that something is very long in length, but now it means a long time. For example, we’ve been close friends for donkey’s years.

4. A

Incredibly, "Something for the weekend" refers to condoms. People usually think that this is a euphemism when barbers selling condoms sell them to customers, such as "something for the weekend, sir? "

5. D

"His Sharp Practice Costhim a $ TERM at Her Majesty’s pleasure", if someone at her majesty’s pleasure, then he is being held in a British prison. This phrase was formed because the monarch initially had the right to decide freely whether to detain someone.

6. C

Swings and roundabouts in British English mean "different actions or choices will eventually lead to no gains or losses, or gains and losses will offset each other". Does it mean that different roads lead to the same goal, or that the lost corner will reap the mulberry? A more complete phrase is "to gain on the swings and lose on the roundabouts". For example, I don’t want to have to, but it’s swings and roundabouts

7. D

Horses for courses is an English proverb, which means "different people are suitable for different things", and its origin is the phrase "different race horses would be better on different race courses/different horse races have better performances on different tracks", which really has their own strengths or different meanings. For example, so I’m not interested in politics, it’s horses for courses.

8. C

The origin of the phrase get/have/give someone the hump is not clear, and it may be related to camels, which means "to become angry or lose one’s temper for no reason", such as "fans get the hump when they lose" or "debate has been beening about road safety, with people across London getting the hump."

9. C

In Britain, it used to cost a penny to use a coin-operated public toilet once, which is a euphemism for the phrase spend a penny instead of "urinating", such as "you can’t get to sleep when you want to spend a penny".

10. C

There seems to be a clear correlation between pull and attributes in the example. The phrase on the pull refers to an attempt to attract someone to bed in British informal context, such as "an eligible bachelor on the pull" or "I remember now why I’m not interested in going on the pull."

(Source: Oxford Dictionary WeChat WeChat official account Editor: Julie)

　　Cctv news(Reporter Xu Hui) On May 25th, global vision and unbounded trade — — Cross-border e-commerce innovation and development forum was held in Guiyang. Participants explored the global market opportunities under the new trade pattern around cutting-edge topics such as the new cross-border e-commerce policy, China’s brand going out to sea under the new rules, the precision of cross-border supply chain and the expansion of effective imports.

　　The forum was hosted by the Organizing Committee of 2019 China International Big Data Industry Expo and the Trade Promotion Center of China Council for the Promotion of International Trade, and hosted by china network television.

　　The "first half" of cross-border e-commerce has not yet ended, and there is huge room for development.

　　In the keynote speech stage of the forum, Wang Shengli, deputy director of the Law Enforcement Inspection Bureau of the State Administration of Market Supervision, Xu Min, vice president of Procter & Gamble Group, and Lu Chengnan, executive vice president of Zhejiang E-commerce Promotion Association, expressed their views on the development, problems and future development of cross-border e-commerce.

　　In his speech, Wang Shengli expressed his views on cross-border e-commerce and intellectual property protection. He introduced that in 2018, the total import and export volume of cross-border e-commerce retail in China reached 134.7 billion yuan, a year-on-year increase of 50%. Cross-border e-commerce brings convenience to our lives, but it also brings infringement problems. The intellectual property infringement of cross-border e-commerce is currently characterized by online and offline integration and domestic and overseas chaining.

　　Wang Shengli said: Since its establishment last year, the State Administration of Market Supervision has earnestly performed its functions of enforcing intellectual property rights and achieved positive results. In the next step, the State Administration of Market Supervision will carry out in-depth special governance actions in the field of e-commerce, strengthen the linkage with customs, public security and other departments, and focus on behaviors that infringe consumers’ right to know and choose with strong public reaction and great social harm.

　　Xu Min, vice president of Procter & Gamble Group, said that cross-border e-commerce has really facilitated trade, especially allowing consumers in China to buy the best products in the world, and it can also encourage multinational companies to accelerate product innovation. Xu Min expects cross-border e-commerce to develop better from the perspective of merchants.

　　Lu Chengnan, executive vice president of Zhejiang E-commerce Promotion Association, said that cross-border e-commerce directly faces overseas consumers, which shortens the whole trade process on the one hand, and can also establish our own brand through consumers on the other. He said that so far, more than 30 cities in China have implemented comprehensive pilot projects of cross-border e-commerce and achieved very good results. However, in the long run, cross-border e-commerce still has great market demand and a lot of room for development.

　　"E-commerce Law" provides "China Plan" for the development of world e-commerce.

　　In the round-table discussion stage, the guests discussed the opportunities and challenges of cross-border e-commerce under the influence of new policies and regulations, and the cross-border e-commerce and China corporate brands going out to sea.

　　Song Minqing, a researcher at the Department of Electronic Commerce and Information Technology of the Ministry of Commerce, said that the Electronic Commerce Law is the first comprehensive basic law in the field of electronic commerce and is of great significance to the sustainable and healthy development of electronic commerce. The law adheres to the principle of consistency between online and offline, treats online and offline business activities equally and promotes the integrated development of online and offline. "This law not only provides a legal basis for the development of domestic Internet economy, but also provides ‘ China plan ’ 。”

　　Ouyang Cheng, director of cross-border electronic commerce Research Center of Alibaba, said in his speech that Alibaba regards the development of cross-border e-commerce not only as the development of trade, but also as the global development of a whole set of new commercial infrastructure capabilities. With the development of cross-border e-commerce, Alibaba’s Alipay and Ant Financial are also rapidly globalizing.

　　Zhou Yixia, sales director of UPS China in East China and North China, appealed to China’s e-commerce enterprises to respect the rules if they want to go out. "If you want to go out and go for a long time, you really need to pay this time and energy now. ‘ Compliance ’ This road is paved. "

　　Gou Yiyuan, general manager of COFCO Trade and Agriculture Big Data Co., Ltd. said in his speech: "What we have to do is to drive the development of supply chain and the landing of standards in the future through data, so that our traditional industries can go to cross-border e-commerce."

　　At the event site, Guiyang Comprehensive Bonded Zone Management Committee, Guiyang Federation of Returned Overseas Chinese and China-Europe and China Trade and Science Association held a signing ceremony of cooperation framework agreement.

　　Karel Snow, Consul General of the Czech Consulate General in Chengdu, expressed the hope that this signing will lay the foundation for the establishment of a long-term cooperative partnership between the two countries in the future and open the door for new cooperation.

　　"This agreement is only the first step of our cooperation, and I firmly believe that there will be more follow-up cooperation," said Leiden Markles, president of China-Europe and China Trade and Technology Association.

　　Beijing, 4 Dec (Reporter Chen Jinsong)-The 70th anniversary of the founding of China Braille Publishing House and the international seminar on visually impaired education were held in Beijing a few days ago. Zhang Jianchun, Vice Minister of Publicity Department of the Communist Party of China, and Cheng Kai, Chairman of China Disabled Persons’ Federation, attended the event and made speeches.

　　Zhang Jianchun pointed out that the Disabled Persons’ Federation of Publicity Department of the Communist Party of China and China attached great importance to the cultural cause of the blind, and adopted various measures to strengthen the publication of Braille books, implemented the digital reading promotion project for the blind, constantly expanded the supply of high-quality cultural products and services, helped the blind friends to learn culture, acquire information and master skills, and established and enhanced their courage and confidence in life and work. China Braille Publishing House, as the only comprehensive cultural publishing institution serving the blind in China, has made great contributions to serving the overall situation of the work of the Party and the state, meeting the spiritual and cultural needs of the blind and promoting the prosperity and development of cultural undertakings for the blind.

　　More than 300 people attended the event, including responsible comrades from relevant departments and directly affiliated units of Publicity Department of the Communist Party of China, Ministry of Education and China Disabled Persons’ Federation, and experts in the field of visually impaired education at home and abroad. At the event site, YTO Express Co., Ltd. donated 3 million yuan to China Braille Publishing House to carry out the public welfare project of "Dream Blind Children Leading to the Future". (People’s Daily Overseas Edition)

Among the Chinese patent medicines approved for registration in China, some are compound preparations of Chinese and western medicines, that is, Chinese patent medicines containing chemical drugs. Doctors, pharmacists and patients must be aware that this kind of preparation can not be used only as general Chinese patent medicine. If you don’t pay attention to the prescription ingredients, it will lead to repeated medication. When combined with chemical drugs, we must first find out the ingredients to avoid abuse and cumulative application with chemical drugs to prevent adverse reactions and serious function and organ damage.

Share the efficacy and western medicine ingredients of 110 kinds of Chinese patent medicines containing western medicine ingredients for your reference in study and work!

Anticold medicine

The product name and efficacy contain western medicine ingredients, such as Pugan Tablet, pungent and warm to relieve exterior symptoms, and dispel cold. It can be used for relieving exterior symptoms, clearing away heat, dispelling wind and relieving pain, such as headache, limb soreness, fever, sneezing, runny nose, thin and white cough phlegm caused by wind-cold type cold and influenza. It can be used for treating severe cold caused by exogenous pathogenic factors and stagnation of heat, with symptoms of aversion to cold, high fever, headache, limb aches, sore throat, stuffy nose, cough, etc. Analgin and chlorphenamine maleate can dispel wind, detoxify and relieve pain. Used for fever, aversion to cold, stuffy nose and runny nose at the beginning of a cold. Acetaminophen and chlorphenamine maleate Sukankang capsules have the functions of clearing away heat and toxic materials, diminishing inflammation and relieving pain. Acetaminophen, chlorpheniramine maleate and vitamin C Sukegan tablets (capsules) are used to clear away heat and toxic materials, dispel wind and relieve pain, for headache, nasal congestion and runny nose, yellow cough, sore throat and gingival swelling and pain caused by wind-heat cold, influenza and upper respiratory tract infection. Acetylsalicylic acid, chlorphenamine maleate and vitamin C Suganning capsules are used for clearing away heat and toxic materials, diminishing inflammation and relieving pain. It can be used for relieving exterior syndrome caused by wind-heat cold, influenza and upper respiratory tract infection, such as headache, body pain, stuffy nose, runny nose, yellow cough, gingival swelling and pain, etc. Acetaminophen, chlorphenamine maleate, vitamin C and vitamin C Yinqiao tablets are pungent and cool, clearing away heat and toxic materials. Used for relieving exterior syndrome caused by influenza, such as fever, headache, dry mouth, sore throat, etc., acetaminophen, chlorphenamine maleate and vitamin C Qiangli Ganmao tablet (Qiangli tablet), clearing away heat and toxic materials,Antipyretic and analgesic. Acetaminophen Ganmaoqing tablet (capsule) is used for dispelling pathogenic wind, relieving exterior syndrome, clearing away heat and toxic materials for colds, fever, headache, dry mouth, cough and sore throat. Acetaminophen, chlorpheniramine maleate, and maringuanidine hydrochloride suganning capsules are used for clearing away heat and toxic materials, diminishing inflammation and relieving pain for wind-heat common cold, fever, headache, nasal congestion, runny nose, sneezing, sore throat and general aches. It can be used for clearing away heat and toxic materials for common cold, influenza, sore throat and parotitis in children. It can be used for relieving fever and pain of wind-heat common cold, mumps and laryngitis with acetylsalicylic acid Ganmaoling capsule (granule). Acetaminophen, chlorphenamine maleate and Caffeine Ganteling capsules are used for clearing away heat and toxic materials, clearing away lung heat and relieving cough. It is used for clearing away heat, detoxicating and relieving exterior syndrome caused by cough, runny nose, headache, dizziness and other symptoms in the early stage of cold. It can be use for relieving exterior syndrome, clear away heat and toxic materials with acetaminophen, chlorphenamine maleate and compound Ganmaoling tablets (capsules) of moroxydine hydrochloride. It can be used for relieving exterior symptoms, clearing away heat and toxic materials, such as fever, slight aversion to wind-heat-cold, headache, dry mouth, stuffy nose, sore throat, cough, yellow and sticky phlegm, paracetamol, chlorphenamine maleate and caffeine Jinling Ganmao tablets. Acetylsalicylic acid, chlorphenamine maleate and vitamin C Yinju Qingjie tablets are used for colds and upper respiratory tract infections, which are pungent and cool, clear away heat and toxic materials.It can be used for treating exogenous wind-heat, fever, aversion to cold, headache, cough, sore throat, etc. Acetaminophen, chlorphenamine maleate, new compound isatis indigotica leaves, clearing away plague, diminishing inflammation and relieving fever. It can be used to relieve fever, headache, nasal discharge and nasal discharge, joint pain, acetaminophen, vitamin C, caffeine, and pentobarbital Kangganling tablets. It can be used for treating nasal congestion, runny nose, itchy throat, cough and headache, aches all over the body, persistent high fever and complications such as tonsillitis and lymphadenitis caused by cold. Acetaminophen Guanhuang Ganmao Granule can cool the exterior, disperse the lung and relieve cough. It can be used for relieving fever and pain of wind-heat common cold, fever and aversion to wind, headache and nasal congestion, and cough with phlegm. Used for headache, fever, stuffy nose, cough and sore throat caused by common cold, acetaminophen, chlorphenamine maleate and caffeine.

Tonifying drug

The product name and efficacy contain western medicine ingredients, such as Lijiashou Tablet, which can tonify spleen and kidney, nourish yin and blood, improve intelligence and soothe the nerves. It can be used for fatigue, palpitation, insomnia, forgetfulness, frequent urination, etc. due to senility, and it can also be used for strengthening physique in the recovery period of chronic diseases. Vitamin E Weierkang capsule has the functions of strengthening spleen, strengthening body resistance, calming nerves and improving intelligence, and delaying aging. It can be used for the elderly who are weak, forgetful, dirty and impatient, and the elderly with dark spots. It can also be used as an auxiliary treatment for hypochondriac pain, fatigue and short breath. Vitamin E, vitamin A, vitamin C and vitamin B1 compound Ziziphus jujuba seed capsules nourish blood and soothe the nerves. L-tetrahydropalmatine Jianpi Shengxue Granule is used for invigorating spleen and stomach, nourishing blood and tranquilizing the mind. Used for iron deficiency anemia of children with spleen and stomach weakness and heart and spleen deficiency; Adult iron deficiency anemia with deficiency of both qi and blood. Symptoms include sallow or white complexion, anorexia, bloating, constipation, irritability, sweating, lassitude, fat and pale tongue, thin and white fur, and weak pulse. Ferrous sulfate Weixuekang syrup can tonify kidney and spleen, replenish blood and nourish yin, and is used for spleen and kidney deficiency, essence and blood deficiency, sallow complexion, dizziness and tinnitus, soreness of waist and knees, and fatigue and thinness. And nutritional anemia and iron deficiency anemia belong to the above syndromes, and ferrous sulfate Shenqi Lidekang tablets can invigorate qi and nourish blood, and promote yang and stomach. For deficiency of qi and blood, stagnation of qi in middle energizer, fatigue, inappetence, poor sleep and diarrhea, Vitamin E Yikang capsule can regulate the whole body metabolism, restore cell vitality, improve cardiovascular function, strengthen the brain, keep fit, delay aging, and strengthen the body resistance. Can be used for treating coronary heart disease, hyperlipidemia, cerebral arteriosclerosis, and senile vision loss.Vitamin E and Vitamin A anti-brain-failure capsules have auxiliary therapeutic effects on hypothyroidism and chronic senile bronchitis, and have the functions of tonifying kidney and replenishing essence, benefiting qi and nourishing blood, strengthening body and strengthening brain. It is used for nourishing liver and kidney, nourishing heart and tranquilizing the mind, such as mental fatigue, insomnia, dreaminess, dizziness, weakness and memory loss caused by deficiency of kidney essence and liver deficiency and blood deficiency. For patients with liver and kidney deficiency, mental dystrophy, forgetfulness, insomnia, dysphoria, MUBI, hot flashes, night sweats, mental fatigue and neurasthenia, vitamin E and vitamin B1 Gengnianshu tablets nourish liver and kidney, nourish yin and blood, remove blood stasis, regulate menstruation, regulate temperature, kidney, nourish nerves and regulate metabolism. For menoxenia, dizziness, palpitation, insomnia caused by climacteric disorder, oryzanol and vitamin B6 Gengnianling capsule are used to warm kidney, benefit yin and tonify yin and yang. The capsule (tablet) of oryzanol, vitamin B6 and vitamin B1 Yujinfang, which is used for women with climacteric syndrome of deficiency of both yin and yang, can tonify primordial qi, nourish liver and kidney, and regulate qi and blood. Indications: palpitation and thoracic obstruction caused by deficiency of vital energy and deficiency of liver and kidney. It can be used for treating coronary heart disease, arteriosclerosis, hyperlipidemia, hyperglycemia, asthenia, senile plaque and premature senility, including procaine hydrochloride, benzoic acid, potassium sulfite, vitamin B1, vitamin E, dicalcium phosphate and vitamin C.

hypotensor

The name and efficacy contain western medicine ingredients, Zhenju Jiangya Tablet, to lower blood pressure. Clonidine hydrochloride for hypertension and hydrochlorothiazide for lowering blood pressure and avoiding wind tablets for clearing heat and calming liver, and hydrochlorothiazide for headache and dizziness caused by excessive liver and gallbladder fire.

Digestive medication

Compound Tianqi weitong tablet (capsule) contains western medicine ingredients, which can make acid and relieve pain, regulate qi and remove blood stasis, warm the middle warmer and strengthen the spleen, and stop bleeding. It can be used for treating hyperacidity, epigastric pain, gastric ulcer, duodenal ulcer and chronic gastritis. Magnesium oxide and sodium bicarbonate Shenqu Weitong tablets (capsules) can relieve pain, promote granulation, regulate qi, strengthen spleen and promote digestion. It can be use for treating hyperacidity, stomachache, dyspepsia, and anorexia. compound Chenxiangwei tablet of aluminum hydroxide and sodium bicarbonate can promote qi circulation, regulate stomach, stop acid and relieve pain. It can be used for treating epigastric pain due to qi stagnation, abdominal distension, belching and acid swallowing, and gastric and duodenal ulcers and chronic gastritis with the above symptoms. Sodium bicarbonate, heavy magnesium carbonate and aluminum hydroxide Zhenhuangwei tablets are fragrant and invigorating the stomach, promoting qi circulation and relieving pain, stopping bleeding and promoting granulation. It can be used for treating epigastric distension and pain, anorexia and acid regurgitation caused by qi stagnation and blood stasis, dampness and turbidity, and for patients with peptic ulcer and chronic gastritis who see the above symptoms, calcium carbonate Huowei capsule (powder) can regulate qi and stomach, reduce adverse reactions and stop vomiting. It can be used for treating fullness of chest and ribs, epigastric pain, dysphoria, vomiting, acid swallowing, dyspepsia, sodium bicarbonate, magnesium carbonate Weining powder (Xintong oral liquid) and stomach pain caused by liver depression and spleen-stomach disharmony. It can be used for treating digestive tract ulcer with sodium bicarbonate and magnesium trisilicate Compound Houtou Granule for flatulence, abdominal pain and dyspepsia. Used for gastric ulcer, duodenal ulcer, chronic gastritis, aluminum sulfate, bismuth subnitrate, and magnesium trisilicate Kuiyangning tablets to make acid, relieve spasm, relieve pain, stop bleeding, adjust gastrointestinal function, and promote the healing of ulcer surface. For gastric and duodenal ulcer, vitamin U, atropine sulfate, hydrochlorothiazide and procaine hydrochloride Guhaisheng tablets are used to invigorate qi and spleen, promote qi circulation and relieve pain, promote blood circulation and regulate muscles.Furazolidone, sodium carbenoxolone and berberine hydrochloride tablets are used for clearing away heat and toxic materials, resisting bacteria and stopping dysentery, which are caused by spleen deficiency, qi stagnation and blood stasis. For acute dysentery, enteritis and diarrhea with damp-heat syndrome, trimethoprim Xiaoyan Zhililing tablets have the functions of clearing heat, eliminating dampness, resisting bacteria and diminishing inflammation. It can be used for clearing away heat and cooling blood, strengthening spleen and regulating stomach, and relieving acid and pain. It can be used for stomach heat burning, epigastric pain, nausea and acid swallowing, anorexia and fatigue, chronic gastritis, and gastric and duodenal ulcer. Bismuth nitrate, magnesium oxide, and aluminum hydroxide Chen Xiang Lu Bailu tablets can strengthen the stomach, regulate qi and relieve pain. It can be used for treating gastric ulcer, erosive gastritis, hyperacidity, acute and chronic gastritis, gastrointestinal neurosis and duodenitis, etc. Sodium bicarbonate, bismuth subnitrate, magnesium oxide and magnesium carbonate.

Diabetics

The product name and efficacy contain western medicine ingredients, such as Xiaoke Pill, nourishing kidney and yin, benefiting qi and producing essence. It can be used for diabetes with deficiency of both qi and blood (non-insulin-dependent diabetes). Symptoms include thirst, polydipsia, polyphagia, hunger, emaciation, fatigue and weakness, shortness of breath and laziness, etc. Glibenclamide Xiaotangling Capsule has the functions of benefiting qi and nourishing yin, clearing away heat and purging fire, benefiting kidney and reducing urine. Glibenclamide for diabetes mellitus

Antitussive, antiasthmatic and expectorant drugs

Product name and efficacy contain western medicine ingredients, such as Tankejing Powder, dredging orifices and smoothing qi, diminishing inflammation and relieving cough, and promoting expectoration. It can be used for treating cough, excessive phlegm, shortness of breath and asthma caused by acute and chronic bronchitis, pharyngolaryngitis, emphysema, etc. Caffeine Ansou syrup can moisten lung, eliminate phlegm, and relieve cough and asthma. It can be used for clearing away heat and toxic materials, resolving phlegm and relieving cough, such as phlegm-heat blocking lung, shortness of breath, cough with sticky phlegm, thirst and dry throat, ephedrine hydrochloride and ammonium chloride Qingke powder. It can be used for relieving asthma, relieving cough and eliminating phlegm in acute and chronic pharyngolaryngitis caused by phlegm-heat resistance and upper respiratory tract inflammation. Used for relieving cough and eliminating phlegm with chlorphenamine maleate and Clenbuterol Iulian Rosu Kepipa syrup for acute and chronic bronchitis and bronchial asthma. Used for eliminating phlegm and relieving cough with ammonium chloride sufeike syrup for bronchitis caused by common cold. Ephedrine hydrochloride and ammonium chloride shufei syrup can be used for relieving cough and phlegm due to cough, asthma, excessive phlegm and bronchitis. It can be used for relieving asthma, eliminating phlegm, tranquilizing and relieving cough in acute and chronic bronchitis. It can be used for relieving asthma, eliminating phlegm, relieving cough and diminishing inflammation with chlorphenamine hydrochloride and decloxizine Qing ‘an Chuanding hydrochloride tablets for bronchial asthma and chronic tracheitis. Clenbuterol Kechuan Plaster is used for relieving cough and asthma, promoting diuresis and eliminating phlegm for chronic bronchitis and bronchial asthma. It can be used for clearing away lung-heat, relieving cough and relieving asthma, such as simple chronic tracheitis, asthmatic chronic tracheitis and asthma (except those caused by heart). It can be used for relieving cough, resolving phlegm and relieving asthma with ephedrine hydrochloride and ammonium chloride Tianyi Zhike syrup.Ephedrine hydrochloride and ammonium chloride mango Zhike tablet are used for treating common cold, cough, excessive phlegm, bronchial asthma and other diseases. Used for cough, asthma and phlegm. Chlorphenamine Hydrochloride Ketanqing Tablets can clear lung-heat, eliminate phlegm, relieve cough and asthma. Ephedrine hydrochloride and ammonium chloride Huatan Pingchuan tablets are used for clearing away heat and phlegm, relieving cough and asthma. It can be used for treating acute and chronic tracheitis, emphysema, cough with excessive phlegm, and asthma with chest fullness, warming kidney, absorbing qi, resolving phlegm and relieving asthma. Can be used for treating chronic bronchitis, bronchial asthma and emphysema, and is especially suitable for relieving cough and phlegm with clenbuterol Zhenkening syrup for asthmatic bronchitis. Ephedrine hydrochloride and antimony potassium tartrate Xiaokening tablets are used for relieving cough and eliminating phlegm for colds, cough, bronchitis and asthma. It can be used for relieving cough, eliminating phlegm, relieving asthma and diminishing inflammation with ephedrine hydrochloride and calcium carbonate Keteling tablets (capsules). Used for relieving cough and chronic bronchitis, chlorphenamine maleate xiaotanke tablet can clear away heat, eliminate phlegm, and relieve cough and asthma. It can be used for relieving cough and expectoration, dispersing lung qi and relieving asthma in acute and chronic bronchitis with phlegm-heat syndrome, or with symptoms of wheezing, such as ipratropium hydrochloride, trimethoprim and sulfanilamide Anchuan tablets. It can be used for treating phlegm invading the lung, lung failure, chest distress, cough, wheezing, excessive phlegm, acute and chronic bronchitis with the above symptoms, such as chlorpheniramine maleate, clenbuterol, qigong tablet, tonifying kidney, invigorating qi, promoting blood circulation, removing blood stasis, relieving cough and eliminating phlegm. It can be used for treating lung and kidney deficiency, phlegm obstructing lung, chest distress, dyspnea, cough with excessive phlegm, soreness of waist and knees, chronic tracheitis and obstructive emphysema. Clentro

Cardiovascular and cerebrovascular drugs

The name and efficacy of Zhijiangning tablets contain western medicine ingredients, such as activating qi and removing blood stasis, promoting blood circulation and dredging collaterals, benefiting essence and blood, and reducing blood fat. For chest pain, dizziness, tinnitus, numbness of limbs, hyperlipidemia or hyperlipidemia complicated with hypertension, coronary heart disease, arteriosclerosis, etc. Vitamin C and aluminum clofibrate Guantong tablets can increase coronary blood flow, reduce coronary artery resistance, reduce myocardial oxygen consumption, and lower blood pressure. For coronary atherosclerosis, myocardial infarction, angina pectoris, hypertension and other diseases, vitamin C and Maijunan tablets of isodeoxycholic acid can calm the liver, calm the wind, relieve muscle and relieve pain. It can be used for treating hypertension, headache, dizziness, neck pain, insomnia, palpitation, coronary heart disease, etc. Hydrochlorothiazide Mailuotong Granule can invigorate qi and promote blood circulation, remove blood stasis and relieve pain. It can be used for chest pain, chest distress, shortness of breath, headache, dizziness and angina pectoris of coronary heart disease caused by chest obstruction, as well as limb numbness and hemiplegia caused by stroke. Vitamin C and sodium bicarbonate compound Wurenchun capsule can clear away heat and promote gallbladder function, calm the liver and nourish blood, and reduce alanine aminotransferase. It can be used for treating persistent and chronic hepatitis with calcium carbonate, gallbladder nourishing, soothing liver, relieving pain, clearing away heat and promoting gallbladder function. Sodium cholate can be used for treating acute and chronic cholecystitis, biliary tract infection, gallbladder and biliary calculus.

Drugs for regulating qi and blood

The efficacy of Xinxuebao capsule contains western medicine ingredients, such as enriching blood and benefiting qi, strengthening spleen and regulating stomach. It can be used for gastrointestinal bleeding, hemorrhoid bleeding and menorrhagia, especially for iron deficiency anemia caused by pregnancy and partial eclipse, such as soothing liver, regulating qi, nourishing blood and regulating menstruation. Calcium carbonate for treating symptoms such as liver depression and blood deficiency, irregular menstruation, menstrual abdominal pain, amenorrhea, etc.

Drug use in five sense organs

The name and efficacy of nasal comfort tablets contain western medicine ingredients, which can clear away heat, diminish inflammation and induce resuscitation. It can be used to treat sneezing, runny nose, nasal congestion, headache, allergic rhinitis and chronic sinusitis caused by chronic rhinitis. Chlorphenamine maleate Biyankang tablet has the functions of clearing away heat and toxic materials, dispersing lung qi, dredging orifices, relieving swelling and pain. Used for acute and chronic rhinitis, allergic rhinitis, etc. Chlorphenamine Maleate Kangle Biyan Tablet has the functions of dispelling wind, clearing heat, promoting blood circulation, removing blood stasis, eliminating dampness and inducing resuscitation. It can be used for clearing away heat and toxic materials, dispelling wind and inducing resuscitation, and treating colds, stuffy nose, and nasosinusitis (acute and chronic rhinitis, allergic rhinitis, and sinusitis) caused by exogenous pathogenic wind, stagnation of heat in gallbladder channels, and damp heat in spleen and stomach. It can be used for treating allergic rhinitis, chronic simple rhinitis, headache, stuffy nose and runny nose caused by wind-heat accumulation.

Pediatric medication

Product name and efficacy contain western medicine ingredients. Xiaoer antipyretic suppository has antipyretic and anti-inflammatory effects. It is used for strengthening spleen, promoting digestion and stopping diarrhea in children with fever such as common cold and upper respiratory tract infection. It can be used for treating dyspepsia, indigestion, abdominal pain and diarrhea, and compound sodium bicarbonate powder for expelling worms and resolving food stagnation. Levamisole Hydrochloride Linjiang Wind Medicine for Children Ascariasis has the functions of dispelling wind and clearing heat, inducing resuscitation and eliminating phlegm, calming the liver and calming the wind, and relieving static spasm. For children with acute and chronic convulsion; Syndrome of exterior-interior excess heat, such as excessive phlegm-heat and limb twitching, can strengthen the muscles and bones of acetaminophen Longmuzhuanggu Granule, regulate the stomach and strengthen the spleen. Can be used for treating and preventing rickets and rickets in children; It also has therapeutic effects on hyperhidrosis, night terrors, anorexia, dyspepsia, and developmental retardation in children. Vitamin D2 and calcium gluconate Xiaoer Zhike syrup can eliminate phlegm and relieve cough. Used for cough caused by children’s cold, ammonium chloride compound infantile antipyretic suppository has antipyretic and analgesic effects, sore throat and detoxification, expectorant and sedative effects. Acetaminophen is used for children with fever, upper respiratory tract infection, bronchitis, palpitation, sore throat and cough due to lung heat and phlegm.

for external use

The efficacy of Kecuoyintong cream containing western medicine ingredients inhibits the secretion of sebaceous glands and the growth of acne bacilli. It is used for clearing away heat and dampness, removing putrefaction and promoting granulation with trimethoprim, vitamin A and vitamin E Kun Jing suppository for blackheads, whiteheads and pustules. For vaginitis, cervical erosion, cervicitis, etc. with damp-heat downward flow, Furazolidone Penyan Qingshuan has the functions of clearing away heat and toxic materials, promoting blood circulation and dredging menstruation, and relieving swelling and pain. It can be used for toxic blood stasis, abdominal distension and pain, irregular menstruation, dysmenorrhea, and excessive leucorrhea. As well as pelvic inflammatory disease and adnexitis, indomethacin centipede zhuifeng ointment can detoxify and promote granulation, reduce swelling and relieve pain. It can be used for treating malignant sores, carbuncle, carbuncle, carbuncle, carbuncle, scrofula, mastitis, and diphenhydramine hydrochloride wound, and can be applied to stop bleeding, diminish inflammation and heal wounds. Calcium oxide, furacilin and ethyl p-hydroxybenzoate for small-area surgical trauma. Musk ointment for promoting blood circulation and removing blood stasis has the functions of promoting blood circulation and removing blood stasis, diminishing inflammation and relieving pain. It can be used for joint sprain, soft tissue contusion, acute lumbar sprain, lumbar muscle strain, scapulohumeral periarthritis, unhealed chilblain, erythema nodosum diphenhydramine hydrochloride and procaine hydrochloride for expelling wind, relieving itching, moisturizing and killing insects. Benzoic acid and salicylic acid Jinguning ointment are used for promoting blood circulation and removing blood stasis, relieving swelling and pain, relaxing tendons and activating collaterals for tinea manus, tinea pedis, tinea cruris and tinea corporis. Used for stopping bleeding, relieving pain, diminishing inflammation, detoxicating and astringing with methyl salicylate and diphenhydramine hydrochloride Huazhi suppository for closed fracture and traumatic injury. It is use for promoting blood circulation, remove blood stasis, and relieving swelling and pain. It can be used for relieving inflammation and inducing resuscitation of functional disorder caused by hyperosteogeny, soft tissue injury and swelling and pain caused by Kaschin-Beck disease.Used for sterilization, anti-inflammation and antisepsis of ephedrine hydrochloride and diphenhydramine hydrochloride Laner powder for allergic rhinitis, acute and chronic rhinitis and sinusitis. For ear swelling, pus discharge, ear rot, ear bottom ulcer, zinc oxide, sulfadiazine and hafuron powder sterilization, anti-inflammatory, astringent and analgesic. It can be used for ear eczema, otitis externa and traumatic hemorrhage to relax bronchi with nitrofurazone Zhikeling aerosol. It can be used to treat bronchial asthma, asthmatic bronchitis and other symptoms, and clenbuterol powder can remove stagnation and blood stasis. Berberine and riboflavin for senile cataract and corneal nebula.

Other drugs

The product name and efficacy contain western medicine ingredients Xiaozhiling injection to astringe and stop bleeding. It can be used for internal hemorrhoid bleeding, internal hemorrhoid at various stages and varicose mixed hemorrhoid injection Yaoxitong Capsule to relax tendons and activate collaterals, remove blood stasis and relieve pain, and promote blood circulation and dispel wind. It can be use for treating rheumatic arthritis, hypertrophic lumbar spondylitis, hypertrophic thoracic spondylitis, cervical spondylitis, sciatica, and lumbar muscle strain, and has effect in clearing away heat and toxic materials, promoting blood circulation, remove blood stasis, relieving swelling and pain. Indomethacin Qianglikang Granule can be used to strengthen the body resistance and strengthen the body, such as throat tumor, toothache, hypochondriac pain, jaundice, nameless swelling caused by heat toxin and blood stasis. Vitamin E is used for various tumors during radiotherapy and chemotherapy, acute and chronic hepatitis, leukopenia and chronic diseases.

Source: Drug circle network users finishing

Original title: "Chaoquan: 110 kinds of Chinese patent medicines containing western medicine! (Schedule) "

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　　[Editor’s Note] Although patent standardization can promote innovation, improve efficiency, reduce consumers’ adaptation costs and eliminate international trade barriers, it also greatly enhances the position of standardization organization participants in patent licensing negotiations, leading them to demand unfair, unreasonable and discriminatory patent licensing fees from standard users, namely patent licensees. Therefore, the patent system needs to fully consider the connection with the standard, and further improve the patent system related to the standard, especially the patent licensing fee system. This paper analyzes the system related to the standard-related essential patent in combination with the legal application of the US court and the China court in the cases of Microsoft v. Motorola and Huawei v. American Interactive Digital Company respectively.

　　I. Introduction

　　There is no unified and clear definition of Standards-Essential Patents, SEP) [1]. We believe that if the implementation of technical standards must be based on infringement of patent rights, even if there are other technologies that can be included in the standards, the patent is a necessary patent for relevant technical standards. Standard refers to a normative document that is formulated by consensus and approved by recognized institutions, used together and reused in order to obtain the best order in a certain range [2]. Although patent standardization can promote innovation, improve efficiency, reduce consumers’ adaptation costs and eliminate international trade barriers, it also greatly enhances the position of standardization organization participants in patent licensing negotiations, leading them to demand unfair, unreasonable and discriminatory patent licensing fees from standard users, namely patent licensees.

　　In order to seek a balance between technical standardization for public use and patent protection, ISO in its relevant intellectual property policies not only requires standard participants to disclose the patents they own or actually control to ISO in time, but also requires them to promise to license all standard implementers to use their patents on fair, reasonable and non-discriminatory terms. This is the "FRAND" principle that the patentee of standard essential patent must abide by in the licensing of standard essential patent.

　　Take the European Telecommunication Standard Institute (ETSI) as an example, the 4th.1 of its intellectual property policy stipulates: "During the development of the standards or technical regulations in which it participates, every member shall make reasonable efforts to inform ETSI of its necessary intellectual property rights in time. In particular, members who put forward technical suggestions for standards or technical specifications should draw ETSI’s attention in good faith to any intellectual property rights that may become necessary if their suggestions are adopted. " ETSI’s intellectual property policy 6.1 further stipulates: "If the necessary intellectual property rights related to a specific standard or technical specification have attracted ETSI’s attention, ETSI’s director-general shall immediately require the necessary intellectual property owner to make a written commitment within three months, and at least within the following scope, it is ready to grant an irrevocable use license under fair, reasonable and non-discriminatory conditions; Manufacturing, non-manufacturing or OEM are used to manufacture customized components or subsystems that meet the licensee’s own design standards; Sell, lease or otherwise dispose of the equipment manufactured in the above manner; Maintenance, use or operation of the above equipment; How to use it. "

　　However, the standardization organization has not made any provisions or expressed any opinions on how to judge the necessary patent license fee of FRAND standard, which leads to difficulties. In April, 2013 and October, 2013, the US court and the China court respectively expressed their opinions on how to judge the FRAND standard essential patent license fee in the cases of Microsoft v. Motorola and Huawei v. American Interactive Digital Company. However, due to the differences in the cultural background and legal accumulation of the judges of the two countries, the judgments of the two countries have their own characteristics and show great differences. [3] Based on the judgments of the above two cases, this paper makes a comparative study on several issues related to the calculation of essential patent royalties of FRAND standard, and draws some possible beneficial conclusions on this basis.

　　Second, the FRAND standard essential patent related system policy considerations

　　In the case of Huawei v. Interactive Digital Corporation of America, in order to evaluate the standard necessary patent license fees in line with the FRAND principle, the courts of first and second instance mainly considered the following three policy factors: total control, anti-patent hijacking and anti-patent license fee stacking. The first is total control, which means that the license fee of standard essential patent cannot exceed a certain proportion of the product profit of standard essential patent users. The courts of first and second instance of Huawei case held that technology, investment, management and labor jointly created product profits, and patented technology only created one factor of product profits. Therefore, the license fee required by the patentee should not exceed the total profit of users’ products in any case, otherwise, the license fee cannot be considered as conforming to the FRAND principle. The second is anti-patent hijacking. Patent hijacking refers to the ability of the patentee to claim more than the value of the patented technology itself and the ability to try to grab the value of the technical standard or regulation itself. In the judgment of Huawei v. American Interactive Digital Company, the courts of first instance and second instance did not explicitly use the concept of "anti-patent hijacking", but both courts held that the patentee of standard necessity should not profit from the standard itself, and its contribution lies in innovative technology rather than the standardization of its patent. That is to say, the two courts actually think that the necessary patent license fee should prevent the occurrence of patent hijacking. The third is Anti-Royalty Stacking.Stacking of patent license fees refers to the phenomenon that the licensee pays many different standard essential patentees over the license fees for one standard. Huawei’s courts of first and second instance both hold that a standard or technical specification contains many standard essential patents, and any standard essential patentee can only get the license fee due to him.

　　Different from the judgment of Huawei v. American Interactive Digital Company, the judge of Microsoft v. Motorola clearly used the concepts of anti-patent hijacking and anti-patent license fee stacking in addition to the above three policies, and also considered the following two policy factors. First, the necessary patent licensing fees of FRAND standards should be maintained at a level that can promote the wide adoption of standards, which is also the main purpose of ISO [4]. Second, the method of determining the necessary patent license fee of FRAND standard should ensure that valuable patents can get reasonable royalties in order to establish truly valuable standards, which is also one of the goals of ISO [5].

　　Comparatively speaking, the judge in the case of Microsoft v. Motorola has considered the policy factors involved in the calculation of FRAND standard essential patent license fees more comprehensively, which is conducive to better balancing the interests of standard essential patentees, standard users and social public interests. In this regard, as stated in the judgment of Microsoft case, if the standard essential patent license fee is too high, although not using ISO standards may mean huge market entry barriers for market participants, if the standard essential patent license fee is higher than the cost for market participants to overcome market entry barriers, market participants will choose not to adopt ISO standards, which is very unfavorable for the popularization and application of standards. On the other hand, the creation of valuable standards is of great benefit to the whole society, but valuable standards depend on valuable technology. After the valuable technology is included in the standard, the patentee will lose the basic incentive to participate in the standardization organization if he can’t get reasonable and sufficient royalties, or even get less royalties than before being included in the standard. Of course, there are many necessary patents in a standard, but the technical content and contribution rate of each patent cannot be completely consistent. How to ensure that patents with more technical content and greater contribution to the standard get more royalties is also a problem that FRAND principle must consider. It is a great pity that the policy considerations in the first and second judgments of Huawei v. American Interactive Digital Company failed to involve the above two extremely important factors.

　　Most importantly, when determining the necessary patent license fee of FRAND standard, the first-instance and second-instance judgments of Huawei v. American Interactive Digital Company considered the above three policy factors, but they were limited to general analysis, and this general analysis was not further applied to the specific analysis of the case. For example, the judgments in the first and second instance of Huawei case did not examine how many standard essential patents existed in WCDMA, CDMA2000, TD-SCDMA and other standards involved, how many of these standard essential patents belonged to China standard essential patents, how many of these standard essential patents belonged to American Interactive Digital Company, and what specific standards were involved in the China standard essential patents of Interactive Digital Company. The judgments in the first and second instance of Huawei case also failed to examine the contribution of China standard essential patents of American Interactive Digital Company to relevant specific standards, which products of Huawei used these China standard essential patents of American Interactive Digital Company, and what contribution these standard essential patents of American Interactive Digital Company made to Huawei products. Although it is difficult to investigate and analyze these factors, the courts of first and second instance of Huawei case have to face them because these factors are closely related to whether the patent license fee demanded by American Interactive Digital Company constitutes patent hijacking and patent royalty stacking.

　　Different from Huawei’s first-instance and second-instance judgments, Microsoft’s judgment solved the above problems as much as possible despite great difficulties. The Microsoft case first determined that Motorola had the necessary patents in H.264 and 802.11 standards. In order to establish the necessary patent license fee of FRAND standard related to H.264 standard, the Microsoft case first analyzes the development background and technical context of H.264 standard, including the development time of the standard, the technical characteristics and level of the standard itself, patents related to the standard, and Motorola’s contribution in the development and establishment of the standard. Secondly, the contribution of Motorola patent to H.264 standard is analyzed. The Microsoft case first identified six patent families that Motorola is necessary for H.264 standard, and then analyzed the contribution of each patent family to H.264 in detail. Thirdly, the Microsoft case judgment analyzes the contribution of Motorola patents to Microsoft products. The Microsoft case first determines that Microsoft’s products using H.264 include Windows, Xbox, Silverlight, Zune, Lync and Skype, and then reviews the contribution of each patent family of Motorola to each of the above products.

　　In order to establish the license fee of FRAND standard essential patents related to the 802.11 standard, the Microsoft case first examines the development history of the standard, and then reviews the relative technical value of different parts of the 802.11 standard, covering the number of all patents of the 802.11 standard, the number of Motorola patents in the 802.11 standard, the number (11) of Microsoft’s use of Motorola 802.11 standard essential patents and products, and the impact of Motorola’s 11 standard essential patents on 8001.

　　Third, the economic analysis of FRAND standard essential patent related system

　　Next, the specific method of calculating the standard necessary patent license fee is analyzed. In the case of Huawei v. Interactive Digital Corporation of America, neither Huawei as plaintiff nor Interactive Digital Corporation of America as defendant put forward a specific method to calculate the standard and necessary patent license fee in accordance with the FRAND principle. The calculation method adopted in the judgments of first instance and second instance is the comparison method. The so-called comparison method, according to the understanding of the court of second instance of Huawei case, means that the standard essential patent holder should charge the standard essential patent implementer basically the same license fee or adopt basically the same license fee under the condition of basically the same transaction conditions. Under basically the same trading conditions, if the standard essential patentee gives a licensee a lower license fee and gives another licensee a higher license fee, by comparison, the latter has reason to think that it has been discriminated against, so the standard essential patentee violates the promise of non-discriminatory use license. In order to carry out the above comparison method, the first and second judgments of Huawei case selected the standard essential patent license fee granted by American Interactive Digital Company to Apple as the reference object, and therefore determined that the standard essential patent license fee granted by American Interactive Digital Company to Huawei should be roughly the same as that granted to Apple.

　　The so-called choice of the standard necessary patent license fee given by Interactive Digital Company to Apple in the first and second judgments of Huawei case is mainly based on the following two aspects of evidence: First, a statistical and analytical report by the world-renowned analysis company STRATEGY ANALYTICS Inc In this report, STRATEGY ANALYTICS Inc counts and analyzes the shipments, market share, net sales and operating income of several famous global mobile phone providers from 2007 to 2012. Nokia, Samsung, Apple, LG Electronics, RIM, Motorola, HTC and Sony are all on its analysis list, but Huawei is not on its analysis list. According to the analysis report and forecast, Apple’s sales from 2007 to 2012 were about $300 billion, and Samsung’s net sales were about $209.751 billion. Second, in the third quarter of 2007, Interactive Digital signed a global, non-transferable, non-exclusive patent licensing agreement with a fixed license fee with a license period of seven years from June 29th, 2007. The licensed patent portfolio covers the then IPHONE and some future mobile phone technologies. In 2009, Interactive Digital signed a patent licensing agreement with Samsung and its subsidiaries.Grant Samsung a non-exclusive fixed patent license fee for terminal equipment and infrastructure under 2G and 3G standards worldwide, with the license period ending in 2012. However, the difference between the licensing agreement signed by American Interactive Digital Company and Samsung Company and the licensing agreement signed with Apple Company is that the former is a voluntary licensing agreement reached through equal consultation, while the latter is a licensing agreement that Samsung Company was forced to sign when American Interactive Digital Company filed a lawsuit. The meaning of the first-instance and second-instance judgments in Huawei case is very obvious. That is to say, the license granted by American Interactive Digital Company to Apple is voluntary, so it conforms to the FRAND principle, while the license granted to Samsung is very likely involuntary, so it does not conform to the FRAND principle. Therefore, the license fee of the former can only be used as a reference for the calculation of the necessary patent license fee of the FRAND standard in this case.

　　Although the comparison method is a simple and easy method, it is very necessary to list all the elements of the compared object as much as possible in order to obtain a more reliable comparison conclusion. It is a great pity that although the judgments of the first and second instance of Huawei case put forward the premise of "roughly the same trading conditions", they did not tell people what the "trading conditions" referred to here are and what the "trading conditions are the same" referred to here from the perspectives of evidence and legal reasons. By comparison, the court finally determined that American Interactive Digital Company should pay Huawei the China standard necessary patent license fee. The only possible evidence is that from 2007 to 2012, Apple’s net sales exceeded Huawei’s net sales of mobile phones. However, even so, the standard necessary patent license fee that American Interactive Digital Company hopes to obtain from Huawei in its last offer is calculated according to the sales of Huawei’s final mobile phone products, and the term is from 2009 to 2016. In this way, in order to make a scientific comparison, the courts of first and second instance of Huawei case should at least investigate and estimate Huawei’s net sales from 2009 to 2016, or the net sales from 2007 to 2012 in the same period as Apple. Regrettably, the judgments in the first and second instance of Huawei case did not touch on this issue. Under the condition that the minor premise of comparison and reasoning has not been solved, it is debatable whether the comparison conclusion is scientific or not. Besides,When the courts of first and second instance of Huawei case used the standard necessary patent license fee given to Apple by American Interactive Digital Company as a reference, they did not examine whether the license fee was in line with the core value pursued by FRAND, that is, to promote the entry of valuable technologies and the standard itself was widely adopted. If the answer is no, whether the judgment conclusion obtained by comparison can stand is also a question worthy of further consideration.

　　In the case of Microsoft v Motorola, Microsoft, as plaintiff, and Motorola, as defendant, respectively put forward their own methods to calculate the necessary patent license fee of FRAND standard. The method proposed by Microsoft is "Incremental value approach". This method pays attention to the situation before the standard is adopted and implemented. The specific operation method is: in order to calculate the economic value of the patented technology included in the standard, we can compare other alternative technologies that can be included in the standard and calculate the specific value of the alternative technology, so as to obtain the value of the patented technology necessary for the standard. The Microsoft case court did not adopt this method proposed by Microsoft. The reason of the court is that this method is not practical. Even so, the Microsoft case court still held that the FRAND royalty must evaluate the value of the patented technology itself, which needs to consider the importance and contribution of the patent to the standard, so comparing the value of the patented technology with the alternative technology that can be included in the standard by the standardization organization can be used as a reference when determining the FRAND royalty. The method proposed by Motorola is a hypothetical bilateral negotiation method. Motorola claims that the authorization conditions of FRAND can be determined by simulating hypothetical bilateral negotiation under the obligation of FRAND authorization.

　　In principle, the Microsoft case adopts the hypothetical bilateral negotiation method, but it has been revised. The reason why the judgment in Microsoft case supports this method is mainly based on the following reasons: the hypothetical negotiation method is supported by authorized negotiation in the real world, and previous courts have made judgments by using this method. In the case of Georgia-Pacific Corp. V. United States Plywood Corp., (318 F. Supp. 1116 (1970)), the court simulated hypothetical bilateral negotiations to determine reasonable royalties through 15 analytical factors, and gained rich experience. When the court simulates a hypothetical bilateral agreement under the obligation of FRAND authorization, it should logically come to the standard necessary patent royalties that both parties consider to be FRAND.

　　However, the Microsoft case judgment did not simply copy the 15-factor analysis method proposed by Georgia-Pacifico judgment. The reasons include: First, the standard necessary patentee must grant the patent under the FRAND authorization conditions, while the patentee who has not assumed the same obligation has complete exclusive rights and can choose not to grant the patent. Second, hypothetical negotiation will hardly take place in a vacuum, and standard users will inevitably realize that there are many different essential patentees and their standard essential patents in the standard. Just because they are authorized by a single standard essential patentee does not mean that the standard can be implemented. On the basis of criticizing and absorbing the above two methods put forward by the original defendant, and on the basis of Georgia-Pacific15 analysis factors, the Microsoft case judgment puts forward a revised hypothetical negotiation method. At the same time, on the issue of patent hijacking, the negotiating parties will investigate the reasonable royalty ratio of FRAND authorization commitment according to the contribution of patent technology to standard technical capability and the contribution of standard technical capability to standard users and products using standards. In this way, an essential patent that is extremely important and key to the standard can reasonably require a higher royalty ratio than a less important essential patent. As for the stack of patent fees, the negotiating parties will consider the existence of other standard essential patentees, and each standard essential patentee will claim the patent fee according to the importance of its patent to the standard and the product of the standard implementer, and reach the royalty ratio on this basis. Finally,Under the condition of FRAND commitment, the rational negotiation parties seeking a reasonable royalty ratio will consider the fact that in order to promote the creation of valuable standards, FRAND authorization commitment must ensure that the owner of valuable intellectual property rights obtains a reasonable royalty for the intellectual property rights. Comparatively speaking, Huawei’s judgment basically failed to consider the above analysis factors because it used a relatively simple comparison method, and the rationality of its judgment should be said to have room for further improvement.

　　Four, the FRAND standard necessary patent license fee calculation.

　　So, how exactly to calculate the necessary patent license fee of FRAND standard? As mentioned above, the judgment of Huawei case simply obtained the necessary patent license fee of FRAND China standard that American Interactive Digital Company can claim from Huawei by comparison method, and did not see the specific calculation process and the logical process in the calculation process, so there is not much to be discussed in depth. Based on the judgment of Microsoft case, this part analyzes the specific calculation of the necessary patent license fee of FRAND standard.

　　During the trial of Microsoft case, both Microsoft and Motorola put forward their own calculation methods that can be used as the ratio comparison of FRAND royalties. The calculation method put forward by Motorola is that 2.25% of the net sales price of Microsoft’s products with Motorola’s standard essential patents, Windows and Xbox, should be used as the royalty ratio of Microsoft’s authorization to use the patent portfolio with H.264 and 802.11 standards. In order to support its claim, Motorola cited one of the above analysis factors in Georgia-Pacific case, and put forward three sets of existing patent licensing agreements as established royalties for reference. However, the judgment of Microsoft case did not adopt the comparison method proposed by Motorola, and thought that the authorization agreement proposed by Motorola had no reference value for the FRAND royalty ratio of this case. The reason is that the license agreement proposed by Motorola is a litigation settlement agreement, and the actual royalty paid in some license agreements is far less than the amount requested in this case. The value proportion of standard essential patents in some license agreements cannot be distinguished, and the standard essential patents involved in some license agreements have passed the protection period. At the same time, the Microsoft judgment holds that even if Motorola’s above-mentioned royalty ratio for calculating its standard essential patents is correct, Motorola’s royalty required for its 802.11 standard essential patent portfolio will obviously cause concern about royalty stacking. Accordingly, the Microsoft case decided that,Motorola’s 2.25% royalty rate related to H.264 and 802.11 standards does not conform to the FRAND principle.

　　The comparison objects proposed by Microsoft include the practical operation methods of two patent pools, one is MPEG LA H.264 patent pool, and the other is Via Licensing 802.11 patent pool, as well as an authorization agreement and a patent authorization evaluation suggestion. Regarding whether the patent pool of MPEG LA H.264 can be used as a reference for the necessary patent royalty ratio of the FRAND standard in this case, the Microsoft judgment gave a positive answer. The reason for the decision in Microsoft case is that FRAND royalties should be in line with the purpose of promoting the widespread adoption of SSOs standards and attracting a wide range of patentees to put their patents into the patent pool, and MPEG LA H.264 patent pool can just achieve the purpose of SSOs. The evidence in this case shows that, on the one hand, when Microsoft, Motorola and other enterprises created the patent pool of MPEG LA H.264, the royalty ratio set was high enough to attract a considerable number of patentees to put their patents into the patent pool; on the other hand, the royalty ratio set was low enough to ensure that enough standard users were willing to use the patented technology in the H.264 standard instead of alternative technology. This approach coincides with the basic principles of FRAND’s authorization commitment. In addition, the patent pool of MPEG LA H.264 also echoes another basic principle of FRAND’s authorization commitment, that is, to create valuable standard technologies.

　　Then, how did the Microsoft case judge calculate the necessary patent fees of FRAND standard related to H.264 standard that Motorola should obtain? According to the Microsoft case, Motorola’s royalty from the patent pool of MPEG LA H.264 includes two parts. Part of it is the appropriate royalty that should be allocated according to the number of patents from the royalties obtained from the patent pool as a member of the patent pool. The other part is the value of Motorola’s unrestricted access to a large number of technologies contained in the patent pool, that is, the royalties that should be obtained from the unrestricted internal cross-licensing of patent pool members, or the identity value of Motorola as a member of the patent pool. Regarding the former part of the royalties, the Microsoft case decided that according to the total amount of royalties obtained from the external license of the MPEG LA H.264 patent pool and the number of standard necessary patents of Motorola in the patent pool, the royalties that Motorola should receive were 0.185 cents for each product of Microsoft. Regarding the latter part of the royalties, that is, the identity value of Motorola as a member of the patent pool of MPEG LA H.264, the only relevant evidence in this case is that after Microsoft joined the patent pool of MPEG LA H.264, the fees paid to the patent pool were twice as much as the royalties obtained from the patent pool, which shows that the reason why Microsoft joined the patent pool is that it pays more attention to its identity as a member of the patent pool than the royalties that can be obtained from the patent pool. Because of this identity,Microsoft can clear all the obstacles of rights and use the patented technology in the patent pool without restriction. In other words, Microsoft believes that the membership of the patent pool of MPEG LA H.264 is at least equivalent to twice the value of its royalties. On this basis, the judgment in the Microsoft case presumes that, in the absence of other obvious evidence, like Microsoft, Google, the parent company of Motorola, also thinks that its membership in the MPEG LA H.264 patent pool is equivalent to providing it with twice the value of the royalties it should get as a licensor. The judgment in the Microsoft case further infers that the sum of the two royalties (0.185+2×0.185) is 0.555 cents, which is the FRAND royalty that Motorola should get from Microsoft for every product that uses Motorola’s standard essential patent. However, this is only the lower limit of FRAND royalty ratio of Motorola’s H.264 standard essential patent portfolio. According to the Microsoft case, in order to prevent the stack of royalties, the upper limit of FRAND royalties must also be calculated. On the basis of comprehensive analysis of all kinds of evidence, the upper limit of Motorola H.264 standard essential patent portfolio rights calculated by Microsoft case is $0.16389 per single product, which is applicable to Microsoft’s Windows and Xbox products.

　　With regard to the patent pool of Via Licensing 802.11, although the judgment in Microsoft case noted that it, like the patent pool of MPEG LA H.264, did not distinguish the technical value of patents in the patent pool, but distributed the royalties equally, which led to its failure to attract patentees and standard implementers, and failed to encourage the wide adoption of the standard of Via Licensing 802.11, because of its certain characteristics, the judgment in Microsoft case held that it could still be used as a reference for FRAND royalty ratio. For example, the patent pool of Via Licensing 802.11 mainly focuses on specific standards and covers the same products with the same end use as the disputed products in this case. In addition, the evidence shows that although the actual operation of the patent pool failed to achieve the purpose of promoting the wide adoption of standards, its establishment still followed this purpose, so the royalty ratio it established can still be used to show what kind of royalty ratio is in line with the FRAND principle in specific industrial activities. On this basis, the Microsoft case decided that the patent pool of Via Licensing 802.11 can be used as a reference for the FRAND royalties of Motorola’s 802.11 standard essential patent portfolio. Based on the same reasoning as the H.264 patent pool, the Microsoft case decided that if Motorola participates in the Via Licensing 802.11 patent pool, it can obtain other value equivalent to twice the royalties collected through the patent pool.

　　The judgment of Microsoft case holds that the parties to hypothetical negotiation will regard the patent pool of Via Licensing 802.11 as a reference for the necessary patent royalties of the 802.11 standard, and determine the FRAND royalties on this basis. In the Microsoft case, Motorola’s 802.11 standard essential patent has only a small technical value to the 802.11 standard, so in their hypothetical negotiation, Microsoft and Motorola will think that the royalty ratio of 6.114 cents per single product estimated according to the patent pool practice will be higher than the FRAND royalty ratio that Motorola’s 802.11 standard essential patent portfolio should receive.

　　During the trial, Microsoft proposed that the royalty rate paid by Marvell Semiconductor,Inc, a third-party company, for its patents in Wi-Fi chip products could be used as a reference for the FRAND royalty rate of the 802.11 standard essential patents in this case. The judgment of Microsoft case holds that the royalty ratio of the third-party company provides "the usual royalty ratio that can be obtained in a specific commercial field" for this case. Therefore, it is held that 1% of the price of each single chip implementing the 802.11 standard, that is, 3 to 4 cents per single chip, can be used as a reference for the royalty ratio of Motorola’s 802.11 standard essential patent portfolio.

　　The third reference to the FRAND royalty ratio of Motorola’s 802.11 standard essential patent portfolio determined by the Microsoft case judgment is a patent authorization evaluation model developed by Intercap, Inc. in 2003. The Microsoft case decided that the evaluation method of InterCap,Inc conforms to the basic principle of FRAND authorization commitment, because it considers the value of 802.11 standard technical function to the overall product function and the stacking of royalties, so it can be used as a reference for the appropriate FRAND royalty ratio of 802.11 standard essential patent portfolio. However, the judgment of Microsoft case also holds that the evaluation method of InterCap,Inc exaggerates the importance of Motorola’s standard essential patents to the 802.11 standard, so its appropriateness is impaired. In the hypothetical negotiation between Microsoft and Motorola, although the royalty assessed by InterCap,Inc will be used as a reference for FRAND royalty, the royalty ratio will be adjusted to 0.8 to 1.6 cents per single product.

　　According to the above analysis, the judgment of Microsoft case holds that in order to estimate the FRAND royalty ratio, it is reasonable for both parties to hypothetical negotiation to take the average of the above three reference values as the royalty ratio. The specific algorithm is to average the lowest value evaluated by InterCap,Inc at 0.8, and the royalty ratio authorized by Marvel Wi-Fi chips is averaged at the average value within its range of ((3+4)/2)3.5. On this basis, the average value of the three references is calculated to be 3.471 cents ((0.8+3.5+6.114)/3), which is the FRAND royalty ratio reached by Microsoft and Motorola through hypothetical negotiation.

　　Considering the stacking of royalties, the Microsoft case decided to adjust the royalty ratio to 19.5 cents per single product based on the high royalty ratio estimated by Microsoft expert witnesses based on the structure of patent pool Via Licensing 802.11, and take it as the upper limit of the FRAND grant range of Motorola 802.11 standard essential patent portfolio. As for the lower limit of the scope of FRAND grant for Motorola’s 802.11 standard essential patent portfolio, the Microsoft case further holds that the lower limit should be the lowest value of standard essential patent that the standard essential patentee will agree to accept after considering the importance of its related patents to the 802.11 standard and standard user products. Considering the limited evidence in this case, the court found that 0.8 US dollars per single product is the lower limit of FRAND royalty.

　　To sum up, the FRAND royalty rate set in the Microsoft case judgment is: the FRAND royalty rate of Motorola’s H.264 standard essential patent is 0.555 cents per single product, and the upper limit of the FRAND royalty rate range is 16.389 cents per single product, and the lower limit is 0.555 cents. This royalty ratio and scope apply to Microsoft’s Window and Xbox products, and other Microsoft products using H.264 standard apply to the lower royalty ratio of 0.555 cents. The FRAND royalty rate of Motorola’s 802.11 standard essential patent is 3.471 cents per single product, and the upper limit of the FRAND royalty rate range is 19.5 cents per single product, and the lower limit is 0.8 cents per single product. The royalty rate and scope are applicable to Microsoft’s Xbox products, and other Microsoft products using the 802.11 standard are subject to the lower royalty rate of 0.8 cents. (Peking University International Intellectual Property Research Center Li Yang Liu Ying)

　This article only represents the opinions of experts in the research base and may not be reproduced without permission.

　

　　[Notes]

　　[1] The International Telecommunication Union (ITU) defines it as "any patent or patent application that may completely or partially cover the draft standard". The American Institute of Electrical and Electronics Engineers (IEEE) interprets it as the so-called "necessary patent requirements" refers to the patent claims that will be used when implementing the standard clauses (whether mandatory or optional) of a draft standard.

　　[2] Electronic Intellectual Property Editorial Department. 2012 Electronic Intellectual Property Annual News Inventory International Articles [J]. Electronic Intellectual Property. 2013 (issue 1.2).

　　[3] The approximate case of Microsoft case is as follows: On October 21 and 29, 2010, Motorola informed Microsoft in writing that the licensing conditions of its 802.11 standard essential patent and H.264 standard essential patent were 2.25% of the final product price of Microsoft. In November, 2010, Microsoft took the initiative to file a lawsuit with the Federal District Court for the Western District of Washington on the grounds that Motorola’s licensing offer violated its RAND authorization commitment to standardization organizations IEEE and ITU.

　　The general case of Huawei is as follows: Huawei and American IDC are both members of the European Telecommunications Standardization Organization (ETSI). American IDC claims that it has many standard essential patents in the fields of 2G, 3G, 4G and IEEE802. Huawei acknowledges that these necessary patents of IDC have been incorporated into China wireless communication standards, and its products must meet these standards. From September 2008 to August 2012, IDC sent four written authorization offers to Huawei. In the first and second written offers, IDC hopes to obtain royalties from Huawei from 2009 to 2016, which is equivalent to 100 times that of Apple in the United States and 10 times that of Samsung in South Korea in the same period. In the third written offer, IDC hopes to get 35 times as much royalties from Huawei as IDC gave to Apple in the same period. In the fourth written offer, IDC hopes to get royalties from Huawei, which is equivalent to 19 times that of IDC to Apple in the same period. In these four offers, IDC did not make any distinction between standard essential patents and non-standard essential patents. In the fourth offer, IDC made it clear that rejecting any specific terms of the offer meant rejecting the whole offer. In order to force Huawei to accept its offer authorization conditions, in July and September 2011, IDC filed a complaint and prosecution with the US International Trade Commission and the US District Court Delaware respectively, accusing Huawei’s communication products of infringing its patent rights and demanding a ban.It is forbidden to import and sell Huawei products into the United States. In addition, the analysis report provided by Huawei by STRATEGY ANALYTICS, a famous American data survey and analysis company, shows that the company has analyzed the shipments, market share and net sales of the world’s top mobile phone companies from 2007 to 2012. Nokia, Samsung, Apple, LG, RIM, Motorola, HTC and Sony are on its analysis list, but Huawei has not been able to enter the analysis list. Accordingly, Huawei filed a lawsuit in the Shenzhen Intermediate People’s Court in December 2011, accusing IDC of violating the FRAND principle in its four offers, and demanding that IDC grant it the necessary patent license in accordance with the FRAND principle.

　　[4] See Microsoft Corp. V Motorola Inc,No.C10-1823JLR.ORDER-20.

　　[5] See Microsoft Corp. V Motorola Inc,No.C10-1823JLR.ORDER-24.

　　Shichahai in Beijing has been a scenic spot for literati to sing since ancient times, and now it has become an important historical and cultural protection area. The TV series Shichahai, which is being broadcast on CCTV, depicts the great Beijing amorous feelings reflected by Shichahai’s mirror in a small way through the ideological collision and emotional blending of a family of three generations, and shows the rapid development of contemporary China and the dedication spirit of the times from one side.　

　　From the perspective of modern family, it is the narrative style of Shichahai to spread out the group images of characters and contemporary life pictures on the background of history and humanity. In the play, Zhuang Weitian, played by Liu Peiqi, passed on the culinary skills and the cultural essence of "diligence" in old Beijing to the younger generation with his own personal experience, so that the new generation of young people can remember the purpose of "art is fragrance, virtue is soul", do things in a down-to-earth manner and be serious.　

　　If we say that Zhuang Weitian in the play represents the persistence and persistence of the older generation; Zhuang Zhibin, the eldest son, actively started a business, which is a portrayal of middle-aged people in today’s society; Then the younger generation of Zhuang Xiaoxiao and Xiang Dong inject new vitality into the capital culture and Beijing spirit. They live freely and casually, constantly looking for the meaning of youth, and show the high spirits of a new generation of young people.　

　　Different from Zhuang Weitian’s business philosophy of "Don’t talk about peaches and plums, learn from others", Zhuang Xiaoxiao and other younger generations used the Internet to expand publicity, and new and old ideas formed a fusion and collision. Moreover, there is a foreign photographer David who is obsessed with China culture, and his appearance symbolizes the collision and communication between Chinese and Western cultures. It is precisely because of Chinese culture’s continuous "going out" that more foreigners will understand the charm of China culture and make the culture of Jingweier more modern and international. In the latest TV series, David is not only infected by the profound Chinese culture, but also has a warm pursuit for Zhuang Weitian’s daughter Zhuang Jing.　

　　"Shichahai" seems to tell the story of a traditional family in Shichahai, but in fact, it presents the life of ordinary people from a small perspective. On the one hand, the play reflects the warmth of the family and creates a better life with hard-working hands. On the other hand, it tells a lot of cultural heritage and local customs of Beijing, so that modern young people can understand the cultural heritage of Beijing, and at the same time, the older generation can absorb the way of thinking of modern life. Shichahai presents the collision between the old generation and the new generation, the blending of local culture and foreign culture, and the exchange of eastern culture and western culture. It is these integrations and collisions that keep the city of Beijing alive forever.　

　　The success of a play depends to a great extent on the details. Shichahai embeds food culture, hutong culture, architectural culture and folk culture into the works, and is especially careful in the performance of details. In the play, every room in the courtyard where the banker lives is configured according to the occupants’ own personality. For example, in the old couple’s house in Zhuang Weitian, there is no cement floor and no plaster wall. The ground is all floor tiles, and the walls are covered with wallpaper, with original carved flowers and partition fans, because the old lady in the play likes painting, and the room is furnished with exquisite Four Treasures of the Study. Because the plot runs through the whole play with palace cuisine, food is an important element in the play. In the detail of food, the production process and close-ups of dishes in TV series are all up to the standard of food documentary. Some netizens said that this is a TV series with "taste". Watching Chef Zhuang’s cooking drool across the screen, I thought that the "tip of the tongue" series had been updated. In fact, the crew did invite the team who participated in the creation of "China on the Tip of the Tongue" to shoot the food scene, which made this Beijing-style food drama with full color, fragrance and taste more delicious.