Standardization And Abuse Of Patent Right

Recently, there is a new trend in the competition of international market, that the combination of technique standard and patent right protection brings about a new alliance of technique monopoly, which recurs to the special status of technique standards, strengthens the related protection of patent right and makes the use of the exclusiveness of patent right to impose the actual monopoly on some technique standards, so as to pursue the utmost interest. This trend, going worse and worse, does great damage to China, which is proved by such cases as DVD patent license, digital television system, Cisco v. Future wei ,CR Act of the UN against Wenzhou lighters.Taking the incident of DVD Charge as an example, the dissertation analyzes legal problems underlying the incident and then uncovers that in the whole process of the event the dominant factor, leaving DVD enterprises of China in a passive state, is patent right and technique standards. Influenced by choice of market, rapid development of hi-technology, the nature of private interest of patent, patentees' drive, it is inevitable to combine technique standards with patent right strategy. Patentees by virtue of a compulsory tool, namely, technique standards, expands their interest in the way of global technique license, which is not a breakthrough upon patent system, but a flexible use of the existing patent system. However, when total interest is certain, IP policy under the standardization faces a challenge how to guarantee and balance the interest between patentees and the public.Meanwhile, through the incident above mentioned, the dissertation, analyzes the relationship between patent, technique standards and products and concrete activities in the incident of 6C, 3C alliance, and then discovers that patentees are suspected of abuse of patent by virtue of technique standards, while flexibly using them. The abuse becomes easier, more covert, and more destructive as a result of the specialty of patent right with intellectual results as objects and the non-profit nature of technique standards.Faced with the strategy "technique patented, patent standardization, and standard monopolized" adopted by multinational companies, and DVD industry' suffering from standardization, what's the way out? The dissertation puts forward some constructive countermeasures as follows: firstly, to imperfect IP legal system and related laws and regulations to take active defense; secondly, to construct international standards with China as a center, actively push on with Enterprise IP Strategy to assume an active position.