Legal Regulation Of The Patent Monopoly For Standardization

Since China’s accession to the WTO, patent standards disputes have been continued, DVD case, Cisco v. Huawei cases, Intel v. Dongjin cases......A series of major cases remind us of patent standardization monopoly. But at the Microsoft monopoly case occurred at the beginning of the century, Microsoft was not forced to split because of its operating system monopoly. It causes people to think about antitrust dilute or antitrust laws necessary adjustments to cope with the new situation. This paper studies resulting.The core issue of this paper is, in the era of patent standardization, antitrust policy in the ICT industry should be adjusted. Around the answer to this question, this article forms five innovations:1. Elaborated a unique patent standardization monopoly compared to intellectual property monopoly. The standard monopoly charged "monopoly rent" will far exceed its interests as a patentee should have boundaries. The too powerful monopoly power is the essence of patent standardization monopoly.2. Introduced mechanism to balance the interests to the anti-monopoly law. He proposed that the conflict of interest between the countries has risen to the main level. He also advocates the interests of balancing mechanism should consider the protection of national interests in foreign economic relations and trade from a macro perspective.3.Advocate in the system of antitrust policy objectives of the ICT industry, technological innovation is the primary goal. In the ICT industry, protection of technological innovation is to protect competition. Technological innovation can make other antitrust policy objectives come true. It can also effectively stabilize the conflict between intellectual property law and antitrust law.4. Made a detailed analysis of the patent standardization may lead to monopoly and pointed out that China’s "anti-monopoly law" the existing provisions of helplessness in the face of these problems. He described how to make adjustments in the antitrust policy of ICT industry from three aspects of monopoly agreements, abuse of market dominance, concentration of business operators.5. Summarized the overall trend of the ICT industry antitrust policy adjustments. First, the intensity of inequality. ICT industry antitrust policy to regulate the intensity of the three monopolistic behavior is not the same. Not the same with the center of gravity of the traditional antitrust regulation. Second, the aspect reversed. Traditional antitrust laws pays more attention to the horizontal regulation rather than the longitudinal Regulation. But ICT industry antitrust policy pays more attention to the longitudinal Regulation rather than the horizontal regulation.