Technical Standards In The Patent Misuse Cause Analysis And Countermeasures Research

Despite the existence of conflict between patented technology and technical standard, the current integration of them has already been a general trend, it certainly has its positive effect, but its negative impact has brought about a wide variety of patent abuse. In the area of international trade,the combination of patented technology and technical standard has become an important means for enterprises to gain monopolistic interests and market dominance, while the patent abuse of multinational corporations has made a serious constraint in developing countries including our nation, for the normal development of enterprises in the international market.The paper introduced the concept, features, classification and other basic questions of technical standard, and analyzed the reasons about the abuse of patents in technical standards, which come from many aspects, mainly including conception ,economy, legislation ,with the basic method of analysis and basic legal theory analysis; And then, the paper analyzed the necessity of the regulation on patent abuse; Because the main problem of patent abuse brought about is the imbalance of interests between patentees and the users of intellectual products, as well as the imbalance of interests between developed countries and developing countries, the paper pointed out the balance of interest theory is the important theoretical basis for the regulations on patent abuse, with the analysis of the connotation, value goal, basic function and other aspects of interests balance principle. After the analysis of the current situation of our dealing with the patent abuse, the paper put forward countermeasures which are mainly based on the causes of the problem, this paper carried on the analysis and research not only on the international level but also on the domestic level, and proposed concrete measures in some aspects, mainly including the international organizations, governments, trade associations, enterprise, and put forward some ideas of my own based on the existing relevant research results, such as advocating the eidos of"balance", setting up the assistance center of Anti-monopoly, with a view to provide a reference for regulating patent abuse in technical standards.