| With the explosive development of science and technology,the integration of patents and standards is getting closer and closer.It is more and more difficult for standardization organizations to circumvent some patents when making standards,and the necessary patents for standards play a positive role in promoting the development of society.The national standard organization can not find the technology that can replace the patent of the patentee in the process of setting the standard,so it must use the patent.If the standard implementers want to use the standard patent,they must obtain the consent of the standard patentee.However,if the rights of the standard patentee are not restricted,it will easily lead to the abuse of his patent right by the patentee,in order to promote the patent and the standard.Accurate integration,in order to balance the interests between the standard patentee and the standard user,and to prevent the standard holder from intentionally not disclosing its standard patent information in the process of participating in the formulation of the standard,after the standard patent has been incorporated into the standard,It also charges standard users through patent infringement,or charges high licensing fees from standard users.Article 85 of the fourth revised draft of the Patent Law of our country stipulates the restriction on the necessary patentee of the standard,which greatly balances the interests between the standard owner and the standard implementers and stabilizes the social economic order.In this paper,the standard patents of several representative countries abroad are tacitly licensed.From the principle of fairness and rationality,information disclosure principle,principle of reasonable trust,the two parties give evidence,relative intervention principle to perfect the system of the standard necessary patent implicit licensing system of our country,so as to provide some suggestions for our country in the judicial trial of standard patent infringement dispute. |
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