Antitrust Against The Abuses Of Intellectual Property Rights In The Technical Standard Field

"First-class enterprises produce the standard, second-class enterprises produce the trademark, third-class enterprises produce the products."In economy times of knowledge, the technical standard became the tool making use of the intellectual property right, especially patent right to control the whole trade and obtain super profit, and the important measures in the international competition. In our country, the close relation between the intellectual property right and technical standard haven't been realized enough, and the importance of participating in making and controlling the technical standard, especially international standard, haven't been understood, and the behavior that developed country and trans-corporation abuse the technical standard have been studied scarcely. So we are short of the countermeasure when we meet problem in this field. This text studies the abuse of intellectual property rights in the technical standard land and studies the antitrust law for this problem.First of all, this text studies the relationship of the technical standard and the abuse of intellectual property rights and describes the detail of the specific performance for intellectual property right abuse in the technical standard land. And then, this text specific analyzes abuse of the private protocol. In the end, this text proposes our country should use the experience of various countries and international organizes for reference. On legislation, institute the antitrust law as soon as possible, and making the legislations that legislate the abuse of intellectual property right and technical standard according to the basic principle and system of the antitrust law. On practice, reform the current system of standardization, introduce the rule of reason in the standard-setting, and make policy adjustments for the standard competition of the private protocol.