A Study On The Legal Regulation On Patent Misuse In Technical Standards

Technology standard is one kind of or one series of files with some compulsory requirements and instructional performances, including specific technology requests and concerned technical project, aiming at making the product or service meet the demands of security and market access. Patent, as one of the objects of intellectual property right, is an exclusive right granted to inventors or designers by concerning state authorities legally.Traditionally, there is rarely any relationship between technology standard and patent which is exclusive, regional and of timeliness. In contrast with patent, technology standard is characterized by general application, maturity and free, broad usage, which is gathered to avoid involving in patent technologies. But, with the development of advanced and new technologies, there is no ready general-purpose technology which can be collected as technology standard in the field of advanced and new technologies.Through analyzing the effect of patent in technology standard, we can see that when patent makes positive effect on technology standards, the combination of patent and technology standard can bring great economical interests. But, at the same time, the private character of patent may conflict with the commonweal character of technology standards, because the private character of patent can always arise misuse of patent right which is the main point of this article.In China, whereas the existing research in this area is mainly focusing on misuse of intellectual property right, patent misuse and limitation of intellectual property right etc, there is rarely any research on the specific issue of patent misuse in technology standard. This essay has some breakthroughs in the following aspects: (1)choosing patent misuse in technology standard as studying object,and make overall introduction and analysis on it ; (2) Referring to the legislation of U.S., EU and international practices in regulating patent misuse in technology standard, then, based on Chinese double legislation aims, this article forewords the completion of the legitimate system of patent misuse in technology standard.Chapter 1 introduces the concept of technology standard and its categories, analyzes the reasons why technology standard combines with patent, and the conflicts brought by such combination. Chapter 2 based on the analysis of Chapter 1, analyzes the specific categories of patent misuse in technology standard, and analyzes the bad effects of those misuse behaviors in connection with some typical cases. Chapter 3 introduces the legitimate practices of U.S., EU, and international regulations on patent misuse in technology standard. Chapter 4 firstly reviews China's relevant legislations applicable to patent misuse in technology standard and points out the insufficiency, and then based on the above theoretical analyzes, foreign practices and China's current national situation, proposes the systematical regulation of patent misuse in technology standard from the prospect of contract law, patent law and antitrust law.