The Legal Regulation Research For The Patent Pool With Technical Standardization

Under the promotion of economic globalization, the intellectual property protection power fornew technology is increasingly getting stronger. The coverage of patent rights is constantlyexpanded. As the important tool of a country and an enterprise to lead the development ofindustry and keep the technological superiority, it has been more and more difficult to set thetechnical standard by passing the patent. The competition of industry and technology hasincreasingly shown the trends that technology becomes patented, patent becomes standardized,standard becomes licensable. But there is a basic conflict between the system theories of IPrights that obtaining monopoly by the exchange of patent issued and technical standard thatbeing open and widespread. The concentration of patented technology will seriously weakenthe actual utility of technical standard.Meanwhile, the actual combination and value conflict of technical standard and patentedtechnology become an obstacle to the industry, but create a chance to develop for patent pool.The advantage of cross-licensing and one-stop packaged licensing becomes a positive factorto eliminate the blocking effect of the standardization of the patented technology, and offerspatent pool a congenital condition to be standardized, then the patent pool with technicalstandardization appears. Even though, because of the gathering of patented technologies andshortcomings of the legal regulation, in the process of setting up and operating the patent poolwith technical standardization, we still face the problems of right abuse which we mustregulate to fulfill the double requests of technical standard and patent pool. Through theresearch of the characters of the patent pool with technical standardization and the right abuseproblem in the process of setting up and operating the patent pool with technicalstandardization, we should improve the legal regulation system of the patent pool withtechnical standardization.Improving the relevant legal regulation of technical standard and patent pool quickly, ensuringthe binding and inspiring effects of the patent pool in technical standard to industry andtechnology, are the key point to realize our purpose to create independent innovation, and tocapture the top point in the competition of industry and technology. This research aboutimproving the legal regulation system of patent pool with technical standardization in ourcountry, is meaningful to our development of the industry and the technology in theperspective of academy and practice.In chapter one, the background, meaning, theory basis and research methods of this thesis arebe introduced. In Chapter two, there is a summary about the concept and characters of the patent pool with technical standardization, and to present the cause of the right abuse problem.In chapter three, the right abuse situations of the patent pool in technical standard areanalyzed from two perspectives which are basic on the setting up stage and operating stage ofpatent pool, and the main contents of this thesis is formally put forward. In chapter four, thelegal regulations of technical standard and patent pool in domestic and overseas areinvestigated, the legal regulation problem of China and the advanced measures of foreigncountries and international organizations are presented. In chapter five, there is the creativepart of this thesis, the plan for improving the legal regulation of technical standard and patentpool through legislation and measures perspectives are proposed. The conclusion is the lastpart of this thesis, in which the main ideas are summarized, and the expectation of the furtherresearch is proposed.