Study On Antitrust Regulation Of Technical Standards With Patents

As the economy and technology to continuously expanding,the technical standards not only bring scale benefit to enterprises,but also bring welfare to the consumers,where they can find the safety and standardized products.But the technical standards also have a bad side.When the standards setters deside to make a new standard,they will find most of the technologies they need has already covered with patents made by the designers or the owners,and if other enterprises want to entered the fild,they will have to use the patented technologies,then the monopolization may occur,like rejecting to the license agreement made before or using the fixed price.The integration of patents and technologies will become a new and invisible technical barriers for their completely different attributes,which will make the worse result.Although there is the "Antitrust Law"recently,we also need a operational guidelines to deal with the monopolise in our country,for which is too general to operate.This thesis suggests that it should applicate "per se illegal"and"rule of reason",especially "rule of reason" by analysising foreign regulations like United States, European Union, and Japan.And it also should constitute China's patented technology standard antitrust guidelines in China itself, by strengthening the anti-monopoly law and the patent law's coordination function, and cooperating the government and the enterprise actively.The thesis consist of four parts.Chapter one introduces the basic theory of patents and technical standards.Chapter two is mainly about the monopolization occurred for the combine of patents and technical standards.Chapter three analyzes the ways using by the foreign countries now,then the last part suggests that we need to institute the operational guidelines.