Standardization And Related Regulation Of Intellectual Property Rights Abuse

The standardization of patented technologies brings on the personalization of modern standards of public interests, which results in the restrictions to IP rights involved in the standardization process and relevant application. This paper explores the reasonable borderline of the rights and the possibilities of right abuses involved in standardization. Further, taking the practices of developed areas such as US and EU for example, the paper discusses the judging principles of right abuses and produces the corresponding antitrust-law regulation measures according to our current situations.As a whole, the main discussion includes six parts. The preface briefly introduces the influences of "standard competition" to our technology innovation and economic development, which points out the significations of research about standardization and IP right abuses. Chapter 1 introduces some conceptions about standard and then discusses the necessity of standardization process switching from government-leading to industry- leading. Chapter 2 discusses the legal issues on standardization and clarifies law characters of standardized patent technologies. Chapter 3 discusses the IP license policy and its abuse in the license contract of standard, especially the typical policy of "de facto standard" held by standard-setting organizations and itsconflicts with antimonopoly law. And in the end of this chapter, some types of IP right abuses as well as corresponding judging rules are concluded. Chapter 4 discusses the antitrust problems related to IP rights during standard-setting process and the countermeasures to which. Finally, with a view to our realities, the last part of the paper offers ideas in three ways for the legislative and administrative measures to the discussed topic.