The Legal Regulation On Patent Abuse In Technical Standards

The word standard is originated from"target", and it mainly refers to purpose. As reference to the literally meaning of this word, standard develops the meaning of"the regulation of differentiate one thing from another"which is used to measure the quality of certain results. According to Doctrinal Explanations of Standardization of PRC, the implication of standard is the unified provision of repeated objects and conceptions. Through the consensus of different parties and approved by authorities, standard acts as the common regulation and foundation based on the composite results of science, technology and practical experience. However on the background of the rapid development of modern technology, the quality and technical requirement of products are improved a lot. At the same time, the forms of standard vary a lot, which have absorbed more and more technology solutions progressively. As a result, technology standard comes into being.ISO definite technical standards as documented agreements containing technical specifications or other precise criteria to be used consistently as rules, guidelines, or definitions of characteristics to ensure that materials, products, processes and services are fit for their purpose. The formulation of technical standards is always undertaken by non-beneficial organization, who selects technologies which are comparatively mature and in public domain as frameworks and cores to build the standard in order to cater the safety and quality requirements of consumers and unify the technical requirement of products in certain area. It is in conflict with the exclusiveness of patent right, therefore technical standards and patent right are not compatible. But with the development of technologies especially in the area of new and high technology, all most all public technologies have been applied for the protection of the patent law by patentees. As a result the impellers of standardizations have been restricted by patentees greatly during the process of drafting the technology standard which has made the establishment of technical standards becomes a gaming between individual benefits and group benefits. The private right character of the patent right always lead to right abuse. What is more, the mixation of patent right and technical standard will cause serious consequence of monopoly, which disobeys the legislative intent of the patent law and the competition law and will greatly disturb the market order. How to use the anti-monopoly law to regulate this phenomenon has become a serious problem.Aiming at this point, this article chooses the special patent abuse that the patent abuse in technical standard as the object of study to introduce and analyze. In the first chapter, the object that this article focuses on will be drawn forth by a typical case. In the second chapter, the reason why technical standards combined with patent right and the practical question resulted from the combination will be further construed on the basis of introducing the conception and the varieties of technical standards. In the third chapter, the patent abuse of technical standard will be discussed classifiably. In the fourth chapter, it will be introduced and analyzed in the comparison method in accordance with relevant foreign legislations including the legislations in the USA and EU that the regulation on patent abuse in technical standards. In the fifth chapter, aiming at the patent abuse in technical standards of our country some suggestions will be put forward.