The Anti-trut Regulation Of Patent Abuse In Standard

As the crystallization of human wisdom, intellectual property rights should be protected in a particular period and scope of a certain degree. For social progress and development of human civilization, that's really stand for a very important practical significance. Take patent law as an example patent law gives the patent owner the legitimate exclusive right to compensate inventors for their hard works, to promote the development of updated technology, to protect consumers have multiple options so that promote competition. For the entire community, this exclusive right will also help mobilize the inventor's initiative, so that the social technical can go multi-step forward. However, when the use of the patent beyond the scope of authorization, or restrict competition and have had a detrimental effect of technological development, then it violated the original intention of the patent law. And maybe generate abuse of the patent or monopoly; here we have to say is that the abuse of the patent does not necessarily lead to the emergence of monopoly.After standard set, patents emerge in a number of ISO's standards. Of course, the problem arises out of it, patents into the standards to collect patent royalties or fees may raise potential antitrust issues, this article will discuss the situation, learn from the experience of foreign matter, and analysis of the relevant clause in our monopoly law, and the relevant recommendations are made at the same time.