Research On Coordinating Mechanism Of The Technical Standardization And Patent License

Conflicts appear and present the expansion of the potential between technical standardsand patents when patents have been included in technical standards. Therefore, researching oneffective mechanism which are desperately needed to resolve conflicts，is very important toguarantee the implementation of technical standards. This article is based on the case of theThird Generation Mobile Communication technical standardization. The study objects aretechnical standardization and patent license and the main clue is the conflict and coordinationbetween the two objects. This article discusses about the development of technicalstandardization and patent license, the distribution of the3G Mobile Communicationtechnical standards, conflicts of the3G Mobile Communication technical standards and patentlicensing as well as their forming mechanisms, and the important role of interest balance inorder to study the mechanism of patent licensing in the area of mobile communicationtechnical standardization.Apart from introduction and conclusion, this article is divided into four parts.Chapter one is about the development of technical standardization and patent licensing.At the beginning, the meaning of technical standardization and the breakthrough of itsfunction in economic and social development are discussed. Then, the efficacy of patentlicensing in the process of technical standardization is analyzed in consideration of protectingthe rights and interests of patentees as well as promoting the implementation of technicalstandardization.Chapter two introduces the current situation of technical standardization and distributionof essential patent in the area of3G Mobile Communication. This part first briefly describesthe development of3G Mobile Communication and three main standards in technicalstandardization of3G Mobile Communication (WCDMA, CDMA2000, TD-SCDMA).Besides, based on graph data, this chapter analyzes the distribution of essential patents inthese standards.Chapter three discusses about different forms of conflicts in technical standardization of3G Mobile Communication and their formation mechanism. The main forms of conflicts, including refusal of permission, discriminatory licensing, malicious patent exclusion andmonopoly on price of technical know-how have been analyzed. Besides, the reasons resultedin the conflicts have been argued from the nature of patent, technical standards and theinterests in the area of communication technologies.Chapter four formulates constructing coordination mechanism of patent licensing in thearea of technical standardization. This part first analyzes the reason why the principle ofinterests balance played an important role in forming3G technical standards. Then，expoundsthe specifics of using of the principle of interests balance in detail. Finally，it suggests a morereasonable and effective way of resolving conflicts in3G technical standards.