Study On Legal Regulation On Patent Abuse In Technology Standards

With the development of economic regionalization and globalization all over the world, and with the increase of challenges of modern science in the field of production and trade, there is a phenomenon that technology standards are combined with patent rights. The combination of technical standards and patent rights has a great community to promote efficiency. However, in the process of making patent standardization and putting standard in practice, the abuse of patent right appears. Since the abuse of patent rights incurs the unbalance of patentee interest and social public Interest,some regulations have built,such as intellectual property law, contract law and anti-monopoly law. China has yet to conduct a complete legal system of standards, lack of relevant legislation, not on the technical standards of patent abuse effectively. China should referre to the legislation of U.S.,EU and international practices in regulating patent misuse in technology standard, then, based on Chinese double legislation aims, forewords the completion of the legitimate system of patent abuse in technology standard.In view of this, we drew up our reports to study of the relation between technical standards and patent rights, this report is divided into four parts.The first part "The combination of technical standards and patent and the problem raised by the combination"discusses the connotation of technical standards, as well as technical standards and patent rights through a developing process which is from exclusion to combination. The facts prove that this combination is the logical result of the development of scientific technology and social economy, which can improve their market power, might while can also bring a series of patent disputes. The national standards are the kind of standards with the highest level of effectiveness and the widest influence in our standard system, which reflect the social benefit.The second part"The forms and the theoretical basis of technology standards patent abuse"focus on both theory and practice to discuss the misuse of patents in technical standards. In the process of making patent standardization and putting standard in practice, the abuse of patent right appears. One form including the behavior of abuse of patent rights in the process of standard established and the behavior of the inappropriate limited measures and refused license in the process of standard license,the other form including some behaviors of patent information no-disclosure. The third part"Regulation of technical standards in the patent misuse of the theoretical basis and practice of international legislation"major study the major practices and key policy of the United States, European Union, International Organization of Standardization. This part also analysis the foundation of regulating the patent abuse of technical standards, including intellectual property law, competition law, Trips agreement.The fourth part"China's technical standards for regulation of the legal system of patent abuse"analysis of China's intellectual property law, contract law, antitrust and other relevant provisions, and point out its shortcomings. At last, we believe that if we want to solve the disputes between technology standards and patent rights, we must combine the improvement of our standard system with the promotion of patent system while we must integrate laws with administrative rules and regulations and related judicial explanation to program the entire system properly.