Research On The Compulsory Patent Licensing In Technical Standards Development Process

Abstract: This paper conducts a preliminary study on the compulsory patentlicensing in technical standards development process. The paper can be divided intothree parts: overview, theoretical analysis, and practical consideration of thecompulsory patent licensing in technical standards development process. Presenting apanorama of the compulsory patent licensing in technical standards developmentprocess.In the first part, its definition and classification are elaborated. Comparison withthe common compulsory patent licensing characteristics the compulsory patentlicensing in technical standards development process.By analyzing the compulsory patent licensing in technical standardsdevelopment process theoretically in the second part, two different schools of theoryin current theoretical and practical circle are discussed. Meanwhile, the advantagesand disadvantages of various viewpoints are analyzed, criticized, absorbed, and thusestablishes the idealistic theory in this research and puts forward the newtheory-conditioned affirmation theory.Based on the practical consideration of the compulsory patent licensing intechnical standards development process in the third part, application of law regardingthe compulsory patent licensing in technical standards development process isdiscussed and suggestions on improving the legislation of "PATENT LAW OF THEPEOPLE’S REPUBLIC OF CHINA","STANDARDIZATION LAW OF THEPEOPLE’S REPUBLIC OF CHINA", and some other related rules and regulations arebrought about.