Research On Patent Implied License Rules On Technical Standards In Business Alliance

With the development of society and technology,patented technology standardization has continued penetration in various industries.In the development of technical standards,although standard setters try to avoid the patented technology into technical standards in order to reduce the risk of technological monopoly and conducive to the promotion of standards,,more advanced technology in various industries is included in the scope of patent protection,and a number of patented technologies will inevitably be incorporated into the relevant technical standards with technological development.In recent years,some patent infringement case on technical standards has happened among China's judicial practice,for example,Tianjin Harbour Engineering Institute v Design Institute of the Ministry of Construction Survey in 1996 and v.Ji Qiang,Liu Hui v Xingnuo Inc in 2008.In these cases,patents are involved in national standards,local standards,industry standards and other technical standards,however,the accused infringers have taken the initiative to be included in the disputed patent technology standards as a defense,and the court adopted the defense in a number of specific cases.The focus on these case is whether the patentee implied license to produce technical standards can be a available defense from patent users.With the social development of industry and commerce,some enterprises in the same type or different types tend to conclusion of a commercial agreement,so that they can cooperate with each other forming alliances,the Southern Chinese Medicine Alliances led by Guangzhou Medical Group.In order to form alliances continued market competitiveness,at the technical level,the technical standards for various types of enterprises inside the Union came into being.When companies or individuals to use these technical standards,they tend to use the patent involved.In patent infringement case on these technical standards,can the accused infringers have taken the initiative to be included in the disputed patent technology standards as a defense? In this title,the this issue will be deeply discussed.In this title,patent implied license rules on technical standards in enterprise alliance will be discussed in five chapters.The first chapter is preface,which is introduction of domestic and foreign research status,the study method of this title and the study significance of this title.The second chapter is the introduction of enterprise alliance,technology standard,patent implied license rules and related concepts.The third chapter will elaborate domestic and foreign judicial practice on patent implied license rules.By comparing the judicial practice of each country,this chapter will expound our legal practice and problems on patent impliedlicense rules on technology standard.In the fourth chapter,the legitimacy of patent implied license rules on technology standard in enterprise alliance will be analyzed jurisprudence economics and as well as analysis of the need and the establishing condition of the rule.The fifth chapter will be preliminary construction of applicable criterion of patent implied license rules on technology standard in enterprise alliance.