Patent Abuse Of The Legal Regulation Of Technical Standards

With the rapid development of the process of economy globalization and the outstanding effect of modern science and technology in the manufacture and trade, the multinational enterprises are all eager that they should infiltrate or affect the technology standard by their patent technology, and should transfer their IPR to the enterprise core-competitiveness and the magic weapon for defeating the enemy by the technology standard.Nevertheless, the binding between the technology standard, delegating the public benefits, and the IPR, delegating the private benefits, results in the patent abuse by the patentee. For balancing the benefits of every side, the technology standard organization and the legal regulation of patent abuse organization should make the legal regulation and law to regulate the patent abuse behavior by the patentee. The benefit conflict during the standardization process between the technology standard and the IPR should be coordinated by the clear and definite regulation and law files. The patent abuse in the technology standard not only should be regulated and audited by the state standardization organization, but also regulated by the law, such as Patent Law and Antimonopoly Law.The theory in connection with the technology standard and patent abuse, the expression modes of the patent abuse in technology standard, the law and regulation analyzed and compared with overseas patent abuse in technology standard, and the current situations and perfecting advice for the law and regulation to the patent abuse in the technology standard in China, will be researched and argued in the essay.Chapter 1 summary the technology standard and the patent abuse, including the basic theory of the technology standard, the combining between the technology standard and the patent abuse, and the legal theory analyze about the patent abuse. Five expression modes of the patent abuse during the building process of the technology standard, two expression modes of the patent abuse during the practicing process of the technology standard, and the analyze and illustration by the home and overseas cases will be introduced in chapter 2. Using the comparative analysis approach, chapter 3 compares and analyzes overseas current law and regulation to the patent abuse in the technology standard, induces the commonality and difference of USA, Europe and Japan, and finally deduces the revelation to the legal regulation in China. Chapter 4 firstly analyzes the current legal regulation to the patent abuse in the technology standard in China, and finally advises some executive and creative perfecting advices to the legal regulation from the state standardization organization, Patent Law and Antimonopoly Law.