Monopoly Of Patents And Technical Standards For Binding Studies

Technology standard is one kind of or one series of files with somecompulsory requirements and instructional performances, includingspecific technology requests and concerned technical project, aiming atmaking the product or service meet the demands about security andmarket admittance. Patent, as one of the objects of intellectual propertyright, is a exclusive right granted to inventors or devisers by statedepartment legally.Traditionally, there is scarcely any relationship between technologystandard and patent which is exclusive, regional and of timeliness. Incontrast with patent, technology standard is characterized by generalapplication, maturity and free, broad usage, which is gathered to avoidinvolving in patent technologies. But, with the development of advancedand new technologies, there is no ready general-purpose technologywhich can be collected as technology standard in the field of advancedand new technologies. All of the inventors of advanced technologieshave strong consciousness of intellectual property right protection, andtheir technology fruits almost are covered with patents completely.Therefore, standardization organs have no choice but to negotiate withthe patentees so as to gather patent technologies as standards within theadvanced and newTechnologies.In the process of present economical globalization, more and moreenterprises and states have realized the importance of technical standard.They throw huge amount of manpower and material resources into it toregulate and extend their technology aiming to gain large monopolyprofits, and try to make it into the protective technical barriers for theinterests of their own countries and local areas. The reason why thetechnical standard is so powerful lies in the combination of themonopoly of patent technology and the universality of technicalstandard. The analysis makes clear that standards and patents serve differentobjectives but necessarily have to co-exist in the same industrial andcommercial environment, because it can makes great economicalinterests. But at the same time, the private interest of the patent willconflict with the collective interest of the technical standards, becausethe private character of the patent always arouse misuse of the rights,which is the main point of this thesis. Most conflicts happened in thestage of establishing technical standards and the stage of implementingtechnical standards. Based on a respective analysis of them by quotingseveral important cases from U.S and China, the thesis considers thatmost of the antimonopoly issues covering technical standards is mainlythe abuse of patent rights. In order to seek the balance of interestsbetween the two sides, a lot of ways can be used, such as usingappropriate policies of intellectual property right, restricting some rightwithin the intellectual property and employing anti-monopoly statutesetc..