Administrative Law Strategy And Study On Patent Issues In China’s Technology Standard Process

Traditionally, technical standards and patents are mutually exclusive. But with the development of high-tech technology, rapid growth in the number of patents, and technical standards increase the demand for patent, It can be said, Proprietary technical standards has become a trend. However, the nature of patents and technical standards are different. Patent embodies a private property; the technical standards are designed to better serve the community and a public interest. Since both the difference in value orientation, the patented technology standards led to both the ongoing conflict of interest, so the combination of the two must find a balance point, for this is the only way to make reasonable technical standards.In recent years, the behaviors of patent abuse include disclosure of proprietary information, boycott, refused permission, cross-licensing and patent pools. United States and Japan established the technical standards for their own country in the patent abuse of legal norms, which we can learn for our country. Currently, we can not regulate patent misuse on technical standards relying on existing laws. Firstly, we should amend Standardization Law, Patent law and Antitrust Law, because they have close relations with the patent and technical standards. Secondly, technical standard-setting power is controlled by Government, and there are many drawback technology standards in technical standard-setting process, so we should reform government management system and establish special anti-monopoly law enforcement agencies.