Research On Standard And Essential Patent Risks Faced By Chinese Communication Enterprises' Overseas Investment

In recent years,as the world competition pattern competes from traditional industry competition to innovative industry,technical standards have become an important benchmark for measuring the competitiveness of economic entities.In the communications industry,patent standardization is the “slaughter knife” for competitors to master the right to speak in the technical field and to seize the technical high ground.Communication interconnection requires the parties in the industry chain to strictly follow the communication standards.Once the scope of protection of patent claims covers the standard content,it will produce the necessary patents that cannot be circumvented and bypassed.The contradiction between the exclusivity of intellectual property and the widespreadity of the implementation of technical standards complicates the issue.Dealing with the balance of interests between the necessary patent holders and standard implementers,and solving the problem of patent standardization is the key to Chinese communication companies going abroad.This article is divided into five parts.The second chapter first expounds the status quo of Chinese telecommunications companies' overseas exports and investment with Huawei and Lenovo as the typical example,and then summarizes the meaning and performance of the patent standardization crisis in the communications industry,and expounds the basic theory.Subsequently,the author summarizes the reasons why Chinese communication companies encounter standard necessary patent risks in the global market competition in the third chapter,and makes a legal analysis.In addition,it is worth noting that China's protection of intellectual property rights started later than the mainstream developed countries in Europe and the United States,while the United States and the major developed countries and regions of the European Union have formed a relatively complete institutional system,and have also had a major impact on the construction of legal systems around the world..As the saying goes,"the stone of other mountains can attack jade",so the fourth chapter analyzes the legal regulation and refereeing experience of the US and European law on the abuse of standard necessary patent rights by right holders.Finally,the fifth chapter summarizes the normative approach of the international law level to the abuse of the standard necessary patent rights as a complement method,combined with the domestic and international research on the frontiers of patent research and the characteristics of monopolistic behavior in the field of communication,and puts forward the comprehensive legal value judgment.Field standards necessary for patent crisis measures or solutions.