The Abuse Of Intellectual Property And Regulations In Technology Standardization

"Technology standardization" is the strategic mode which closely combined technical standard with intellectual property strategy using commonly by transnational corporation and enterprises of developed countries at present, intellectual property policy such as global patent permission policy will bring huge profit. However, if transnational corporation and enterprises of developed countries abuse these monopolistic rights, it will cause devastating blow to other competitors, especially national enterprises of developing countries. Chinese government must making related policies, laws and regulations reduce or avoid these negative influences as much as possible. Therefore, the innovative point of this article is technology standard which combined with intellectual property strategy advocate a kind of new game rule in the fields of international trade and market competition, government need a multiple application of mechanism beforehand and afterwards.This article studies on the abuse of intellectual property rights and regulations based on discussion of five parts. First part defines the concept of technology standardization in the background of globalization, points out fact standard which established by enterprises and enterprise alliances formed main position in standard war. Second part emphatically introduces the core application between intellectual property strategy and technology standardization is global patent permission. Third part discusses legal identification, manifestation and negative influences of abusing of intellectual property rights in technology standardization. Fourth part describes how to regulate the abuse of intellectual property rights beforehand and afterwards. Fifth part is the conclusion that how to perfect the legislations of abusing of intellectual property rights in technology standardization based on four parts before.