Study On The Antitrust Regulation Of Patent Abuse In Technical Standards

The combination of technical standards and patent is the result of the rapiddevelopment of the knowledge economy and high technology. And it is also the inevitabletrend of economic development of today’s world. This not only brings the enterprise thebenefit of scale economy, but also brings consumers some benefit. However, thecombination of technical standards and patent is prone to the abuse of patent while it hasits positive effect, including violation of the patent information disclosure obligation in thestandards setting process, refusing to patent licensing, discriminatory treatment, etc. Andfurthermore, due to the standard features such as publicity and mandatory, such patentabuse does more harm. Nowadays, the superior enterprises in developed countries makeand implement the "technique patented, patent standardized, standard internationalized"strategy in order to get more benefit, which makes the combination of patent and standardsactually become invisible barriers to trade and cause great damage and threat to the benefitof the domestic enterprises, the technological innovation and the effective marketcompetition. Although we have promulgated the anti-monopoly law, the antitrustregulations about the intellectual property are too general. This paper begins with themeaning and value of technical standard and patent system, analyses the inevitability oftheir combination, and introduces specific forms of patent abuse in technical standards.After analysing the anti-monopoly regulation on patent abuse in the United States, theEuropean Union and Japan, it suggests that we should adopt the principle of rationality,and also the Per se illegality principle as an auxiliary. It also suggests the formulation ofanti-monopoly guidelines in the field of intellectual property rights and the improvement ofantitrust regulation mechanism.