Research On The Settlement Mechanism Of Standard-setting Bodies To Patent Licensing Issues

Patent right is a kind of private rights, the pursue of patent system is innovation and development; while the standard is a public good, and its inherent requirement is unity and universality. Combining patents and standards must be accompanied by many conflicts and problems, which found its patent licensing issues early, rapid development features patent standardization process has become a core issue for the promotion and implementation of standards form the constraints.This paper argues that under standard the prior coordination mechanism of standard setting organization is critical for solving the problem of patent license. Standard-setting organization as organizations with public property, Attributes of the standard setting, in order to ensure the smooth implementation of standardization of patent license, Standard-setting organization as a public organization, should also be appropriate to participate in and intervene in standardization of patent licensing.This paper is divided into four parts, the first part makes a brief discusses on the relationship between the patent and standards, including the concept and classification of standards, the problems with standards and patents combination, and emphatically introduces the basic policy of standard setting bodies related to patent license.The second part is to analyze and solve the confirmation of standard patent information. The third part is the choice of the standard management institutions for patent license. The fourth part is the patent licensing conditions of uncertainty and solutions in standardization. The fifth part is the patent licensing disputes in the context of standardization, mainly introduces the standard-setting organization positioning and participation in the dispute. Section VI describes the special properties of standard-setting organization and standard management system, analyzing the present status of patent licensing and put forward the corresponding improvement Suggestions in China.