On Antitrust In The Intellectual Property And Standard

In the new knowledge economy era, the standards infiltrate into all fields of the production and life. Especially under the international standards, the operators who hold the intellectual property rights in standard, will come to control the worldwide development direction of the industry, because of the close connection. Particularly in the information industries, such as in telecom and software, if there is some standard, it's necessary for other operators who want to enter this field to obtain the permission of the intellectual property owners in standard first. If the product is not done according to the standard requirements, without compatibility with similar and related products, consumers will not buy.In the standardization, the owners of intellectual property do great harm to the users of the standards by refusing the permission and other ways with their own advantages. In the global standardization, China is in a low position, and does hardly grasp any initiative in international standards, being passive to use the standards. Lots of China's enterprises join the international market to produce some kinds of goods, but they're against the monopoly from the owners of the intellectual property of other countries. In recent years, more and more china's enterprises are litigated for infringing intellectual property both in domestic and overseas, because of the high license fees or because the products are excluded from the importing country for not reaching the standards. In order to enhance China's position in the international standardization environment, to change the monopoly infringement situation from the operators of standards, to improve the international competitiveness of China's enterprises, and to expand our exports, we must adopt a variety of measures to antitrust in the intellectual property standardization field, at the same time striving to speed up China's technological innovation, and grasp the initiative in the standard-setting.This paper discusses the above questions. On the basis of introducing the basic concepts in the standard and standardization, this paper analyze the intellectual property monopoly in the standardization, and introduce the legislation and judicial practice of the United States and the EU. Finally, this paper briefly puts forward some measures to improve China's status in the standardization intellectual property monopoly environment. In the first chapter, the basic concepts in the standard and standardization are introduced, and the inevitability, rationality and value of the intellectual property rights and standard are analyzed. In the Chapter II, the intellectual property monopoly in the standardization is analyzed. On the basis of introducing the dual monopoly of intellectual property, this chapter focuses on the reasons, forms and lots of harms caused by the abuse of intellectual property in the standardization. Chapter III is about foreign countries' antitrust practice in the intellectual property and standard. "Why should intellectual property abuse be regulated by the anti-monopoly law?", the question is first answered, and then the United States and European Union's legislation and judicial practice are introduced. In the Chapter IV, on the basis of introducing the standardization environment around China and the weak and passive position of China in the environment, some suggestions are given to deal with intellectual property monopoly in the Standardization, to reduce the damages to China's enterprises, and to change China's passive status in the formation of standards. Finally, my own hopes are shown on China's future development direction in the intellectual property and standard.