Study On The Legal Problem Of The Abuse Of Patent Rights In The Technical Standardization

In this era of knowledge-based economy, under the backgrounds of economic globalization, technical standards are playing an increasingly important role in the international trade. Nowadays, many techno-economic powers use their technical advantages to implement their technical standardization strategies so as to get the market initiative in the international trade. Among the means of the implementation, the most important one is to combine the patent with the standards and promote it worldwide. Standard is a double blade sword. On the one hand, it can extend the "network externalities" of the technology and reduce the cost. On the other hand, the combination of the patent and standard is very likely to result in the monopoly of the technical standards and the abuse of the patent rights because of the "patent thicket" phenomenon and the "lock-in" effect. Besides, because of the huge economic and social benefits behind the standardization, the possibility of the abuse of patent rights increases. Currently, under the situation of this irreversible trend of technical standardization, we should formulate the laws that are in accordance with China's own conditions to restrict the monopoly and abuse acts so as to give full play to the beneficial aspects of the technical standardization and restrict the bad effects.This paper starts from the definition of the technical standardization and theabuse of patent rights, and analyzes the patterns of the rights abuse during the standardization. Then it focuses on the analysis of the legal problem of the abuse of patent rights in the technical standardization and proposes how to improve the relevant legislation in our country.