The Research On The Abuse Of Patent Right In The Mandatory Technical Standard Field

In the era of knowledge economy, the technical standards which adopt intellectual property right especially patent right has became the tool of controlling a whole industry field and reaping excess profits. People in china have no sufficient awareness about the relationship between patent right and technical standards, especially mandatory technical standards. Patent rights are private and mandatory technical standards are in fact a public authority or the nature of public power. Patent right can get public authority through combination of Patent rights and mandatory technical standards, which are unfair to main objective of other private rights. So some people advocate mandatory technical standards should reject patented technologies, but those who hold such a view does not clearly understand that, as science and technology development and the strengthen of intellectual labor people's ideas to strengthen the protection of the results, mandatory technical standards completely reject patent is impossible. Therefore, the purpose of this paper is to balance the interests of the owner of patent rights and the interests of the public, to put forward advice on legislation policy system building which restrict the abuse of patent right in the mandatory technical standards field.