Wenzhou Lighter On Technical Standards For The Case Of Blocked U.S. And European Markets

Now the economic society is in the swift development, the law is in itself the relative stabilization, but stipulated that the patent standardization the law is insufficiently perfect, creates in the patent standardization process many questions, brings the very tremendous influence for the economic society, arouses the widespread interest from all walks of life.This article take the Wenzhou cigarette lighter document as the example, the subject matter which the analysis patent standardization already or soon faced, and elaborated that an own view, hoped will have a reference to future patent standardization's consummation, or a little helped to the judicial practice. In this case has three quite intense bones of contention, (1) In CR standard whether to have the essential introduction safety lock technology? (2)In the CR standard take is lower than 2 euros as the condition discrimination, in does not have under the legal basis condition, is reasonable? (3)The European and American Enterprise in exercises in its patent process, has abused the patent, then we take the benefit related side, how to deal with this authority abusiveness? In view of the above bone of contention, we must consider the following several points:In the standard introduces how does patented technology's necessity carry on the limits; Stipulate the patent barrier which how facing does the patent standardization process's in prejudice and creates to deal; How also has is counter-patent abusiveness.In formulation standard process, regardless of organizes the related benefit person, paramount consideration is own benefit, is also the subjective ingredient is very difficult to avoid, the artificial possibility is very or big, how to limit this patented technology regarding the standard necessity, is worth us studying earnestly. Stipulates the patented technology barrier question which regarding the patent standardization process's in prejudice and creates, can not but let us think deeply, and makes the positive response. In view of the standard patent permitted that the counter-patent abuses the question, because our country is quite light to the patent standardization's consciousness, causes overseas Europe's and America's some enterprises, initiate the patent war repeatedly particularly to us, but Our country Enterprise actually can only meet passively incurs, one falls into the difficult position step by step, we are must continue to endure patiently, comes under attack passively, must initiate the counter-attack, hits the market share security to fight...