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On The Combination Of Patented Technology And Standards Caused By The Antitrust Issues

Posted on:2007-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ChenFull Text:PDF
GTID:2206360182981274Subject:International law
Abstract/Summary:PDF Full Text Request
Along with the pace of incorporation of global economy, it is easier forcompanies armed with new technology to occupy market world wide. Standardbecomes more and more important in the process of international business ofindustrialization. Standardization of patented technology turned out to be a mainmeasure for non-tariff commercial protection and global monopolization. Manyindustries, especially information industry, can only survive when their standardbecomes global standard of the right field. The main means to survive is to permitpatent technology through out the world. The combination of patent and standard is anew trend in the domain of standard.The purpose of this paper is to discuss the series of monopoly problem resultform combination of patent and standard. the reason why combination of patent andstandard result in monopoly is that the difference of value pursued by technology andpatent is apt to abuse of patent. When patent play a positive role in standard, theircombination will promote economic profit. But patent is a kind of private propertyand standard is a set of technological rules in behave of collective interest. becausethey represent different worth mindset, the patent will also have baffling function tothe technique standard, the private power property of the patent right usually willcause the abuse of right. This article discussed three kind of important monopolieswhich are caused by the combination of standard and patent, namely disclosure ofinformation of patent, patent pool which permit patent through standard organizationand private agreement monopoly.
Keywords/Search Tags:Combination
PDF Full Text Request
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