Legal Regulation On Patent Abuse

With the rapid development of modern science and technology, especially theemergence of high-tech industries and enterprises which increasing demand fortechnical standards for these industries, but the original technical standards can notcover all the high-tech industry. Therefore, patent which characteristics of novelty andinventive technical standards have to be under consideration, thus the fusion of thepatent rights and technical standards become an irreversible trend. We can not changeor block this trend and we should on the one hand actively encourage the combinationof technical standards and patent; on the other hand we need to regulate on patentabuse which in the patent standardization. In order to achieve the purpose of promotetechnical progress and social development.This article starts with the phenomenon of patent abuse in the process of patentstandardization, summarizing the performance of patent abuse in the patentstandardizations and the influence form damaging the order of marketing competitionby such performance through representative case. Secondly, interest balancingprinciple as a basis theoretical which balance the interest of all parties in patentstandardization. On the one hand, to encourage the patentee actively participate in thetechnical standards; on the other hand, through appropriate institutional design toregulate patent abuse. Then through the analysis of advantages and disadvantages onregulating patent abuse in the principal of civil law, patent law and contract law. Tryto find a effective way to regulating patent abuse in the patent standardization. It willbe introduced and analyzed in the comparison method in accordance with relevantforeign legislations, including the USA and EU that the regulation on patent abuse intechnical standards. Finally, based on the regulations on the abuse of technicalstandard in the judicial practice in other countries, analysis on the regulation on theabuse of technical standard in China, puts forward the insightful suggestions to therelevant laws and regulations. In conclusion, it is an irreversible trend for theintegration of patent into technical standards, which we can not change or block. Inthis circumstances we should, on the one hand encourage the combination of technicalstandards and patents; on the other hand, we need to regulate patent abuse in thepatent standardization."Anti-monopoly law", as basis of regulation on patent abusewhich in the patent standardization, aiming to a macro-competition in the marketenvironment. Through the monopoly regulation can put forth the standardization with orderly development. Only in this way can we get an orderly standardization andpromote science and technology development.