On The Conflict Of Interest And Coordination Of Standard Essential Patents

Technology standards has played a critical role in all aspects of the society,which improved the compatibility of the product effectively and increased the generalization of technique deeply and widely.Along with the phenomenon that social circles have thought highly of intellectual property rights,patent has become a significant means of protecting high and new technology.Patent integration into technical norms has become inevitable because standards need support from high technology.The basic purpose of making technology standard is opening up the technological resources and benefiting everyone,conversely,patent represents the interest of patent holder which has monopoly power.Therefore,standard and patent have distinct functions which might produce some conflicts.Currently,international organization for standard apply disclosure system of standard essential patent(SEP),FRAND permitting of patent holder and anti-monopoly regime to deal with conflicts between standard and patent.China's relevant law of SEP is not all-inclusive,and some of them are blindly copy foreign relevant regulations which overlooked our basic national conditions.The conflict between standard and patent became intensified because of the intervention of public power.In order to conciliate the conflict of SEP and put forward proposals which are fit China's national condition,this article offer proposals which can balance the interest between standard setters,patent holder and standard implementer.Based on the aforesaid inner conflicts,this thesis,in section one,will illustrate the basic conceptions.In section two and section three,the thesis will discuss several prevalent models in eliminating contraction in SEP and point out their deficiencies.In section four,this thesis will set forth our legal provisions in SEP and find out their strengths and weaknesses.In section five,this thesis will give a discussion on the balance standard for dealing with the problem of SEP,and give some advices for the improvement of the relevant practice in our country at the end.