Anti-monopoly Regulation Of Technology Standard's Patent Right Abuse

With the rapid development of science and technology and the formation of the economic globalization, the technical standard and the patent fuses gradually, the paten has make important link with the standard technology. In developed countries, the enterprise, especially transnational enterprises, put "technology designed brim, patent standardization, the standard monopoly" as the long-term strategy of the patent of the monopoly and generality of the technical standard for seeking global monopoly profits and dominant market position. The patent technology standard expands patent monopoly interests, by combining the technical standards; the technical standard is on the legal rights of the coat. The combination is positive to promote the public interest and technical innovation, but it may result in technical standard is controlled as a tool to limit competition and get huge monopoly profits by the few people profits ,the abuse of patent right of the technical standard is different from general patent abuse, which results in negative consequences is much more than general patent abuse behavior, together with the technical standard itself is an important way to put up trade barriers for a country , the technical standard of the abuse of patent right directly relates to existence states of our country enterprises in the international competition environment, so research of the abuse of patent right in the technical standard has extremely practical significance; In addition, seeing from our current academic and theoretical level, the technical standard of the regulation of the abuse of patent right is not very mature, because the problems is related to patent, standard and anti-monopoly, the abuse of patent right in the technical standard is not concerned by the field of intellectual property right and the anti-monopoly law scholars. Though some scholars have carried on the beneficial discussion, but did not form a unified understanding, this paper discussed on the basis of scholars'research is also valuable.The paper is divided into four parts, its contents as following:The first part is about the technical standard and patent abuse in the technical standard. Putting a background for anti-monopoly regulation to the abuse of patent right in the technical standard, analytical perspective is surrounding with following questions: what is the technical standard? What is the nature of the patent right, why and how does the technical standards as a kind of public resources and the patent right combine?The second part of the article analyzes abusing the patent right in the technical standard, making detail analysis from formations of the abuse of patent right in the technical standard, the particularity analysis of abuse of patent right in technical standard, and the specific performance of abuse of patent right in technical standard.The third part is about theoretical basis and some countries'legislations on abusing the patent right in the technical standard.The last part returns to the discussion about our country's legislations to the abusing of patent right in the technical standard, referring its flaws and giving some countermeasures to improve it.