The Abuse Of Patent Right In Technical Standards

Patent law had better setting patent protection and exercising way and prompting new product patent innovation and technology market produce market and to consumer welfare. Competition law as market economy "constitution" adopts regulation violation of a fair competition order monopolization, to protect the normal market conditions of effective competition. When the patent technology standard build on the train industry standard, the patent righter disrupt the normal order of market competition, violated the anti-monopoly law and the purpose of the anti-unfair competition law.Patents and technical standard combination of jurisprudence will have private rights based in nature, adds monopolistic patent technology standards into the public, based on the principle of making benefit maximization agent, will appear abuse of personal behavior. Based on guarding the public interests and limiting private interests in the balance, the law allows the premise of protecting public interests as maximum individual which is also realized the public interest and private interests balance. To prevent the abuse of patent technology standard patent right behavior, many countries respectively by the anti-unfair competition law and the anti-monopoly law to limit the behavior to achieve social resources optimization allocation. Technical standards on the other hand will be expanded the patent of technology standard behavior coverage to the country, on the other hand, will be used technology standard patent protection realized the behavior of monopoly. Based on the technical standards range expanded patent, the patent holder can use technical standard to expand their own market position, as many countries in different degree of restriction of the patent right to protect public interests. In order to control the abuse behavior of patent right,the author analyzes the necessity of combining technical standards in the abuse of patent right, behavior, and foreign form about regulation technology standard in the abuse of patent right, to perfect behavior in China experienced antimonopoly law, anti-unfair competition law and the patents on technology standard patent law regulating abusive behavior. Firstly, from legal significance and economic meaning of the patent rights and technical standard combination, discussed the necessity of technical standard combination and the patent, then analyzed the advantages and disadvantages of technology standardization and patent right, concluded economic basis of control the abuse behavior of patent; Secondly, from technical standards process and implementation, analyzed the abuse behavior of patent right, analyzed the consequences of the abuse behavior of patent right, concluded the law basis of the abuse behavior of patent right; Again, compare the European competition law and American antitrust law in process of the abuse of patent right for technical standard, concluded the regulation approach behavior of patent technology standards; Finally, introduced based on the present situation of abusive behavior of our country, respectively from the anti-monopoly law, anti-unfair competition law in terms of regulating technology standard perfect the abuse of patent right behavior legislative Suggestions.