Study On Patent Issues In China's Standardization Process

Technical standards is a standard, which is currently the largest number of great significance and impact on a wide range of criteria for a class. In the field of standardization, it is necessary to harmonize the technical aspects of the standards based on production technology and sum up experience, as a common technical rules and standards drawn up. From the national standards to international standards, and then to industry standards, corporate standards, technical standards for different makers have different interests. However, the nature of technology standards in different types of standards are the same. First of all, openness, unity and universality of the technical standards are the fundamental attributes. Secondly, it is a series of technical standards to promote technological progress of technology. Thirdly, technical standards is to reduce the production costs of technical rules. Finally, the technical standards are also hidden monopoly.Traditionally, patents and standards was mutually exclusive. Now in the field of high-tech, both from the combination of standardization and patents as well as the nature of the patent in the development of modern science and technology continue to highlight the importance of standardization and market influence is on the rise. Technical standards and the combination of patent essentially reflect the interests of the public and private property between the game. To set a reasonable balance, technical standards can be successfully built up. Too much emphasis on the protection of patent rights or not people agree with the consent of the patent will be granted its patented technology into standards, it will eventually lead to an abuse of the right to become a mere scrap of paper or technical standards, there is no practical significance.In recent years, with the continuous development of high-tech, standard patents relating to the growing problem of Chinese enterprises in international competition, as a result of the use of standards and intellectual property disputes arising from, and therefore enterprises suffered serious losses. In May 2005, the Government of China to the WTO formally submitted an official proposal, "Standardization of intellectual property rights," TBT Committee recommendations should be explored to the standardization of intellectual property rights of the solution. Although many high-tech field, technical standards of China's development has lagged far behind at the international level, the international standardization in the voice of small and vulnerable. However, the Government of China have begun to learn from foreign experience, to adjust the domestic standardization system, as well as patent-related policies. In addition, the companies also establish their own intellectual property rights of the patent. At present, China's information industry has emerged in the field of some of the representative of the Organization for Standardization, for example, AVS, IGRS and China DRM. In addition, to further assist our country standards organizations of IT to draft an effective solution to the standard-setting process or face the potential of intellectual property rights, CESI launch of its intellectual property rights policy template: "IT organizations to draft standards for intellectual property rights policy templates."China's Patent Organization for Standardization in the policy-making has been drawing on a number of important international experience. However, the international standardization of practice facing the problem in practice is still our country has not yet found a complete solution. For example, ISO outside the patentee (Outsider) may be necessary to have the patent in order to interceptor led to the patent (patent hold-up) problems; RAND terms of the content of uncertainty leading to the implementation of the standard cost of uncertainty; standard-setting process Patent information not disclosed in the patent led to the implementation of the delay, and so on, to be related to improving the legal system in order to further the search for solutions.This article is divided into four chapters. The first. chapter of "Technical standards with a combination of patents" discusses the concept of technical standards, classification and nature, revealing a combination of both cause and the interests of the game off between the two legal issues. The second chapter of "Standardization of patent policy" by introducing the International Organization for Standardization on the major patent-related policies, as well as the development of the theory, focusing on the assessment of China's national standards, as well as with representatives of the AVS standard for the existing ISO in patent policy. ChapterⅢof the "Technical standardization and construction of the patent pool" discusses the standards of the patent pool license model, as well as in line with the national conditions of China's technical standards in the construction of the patent pool need to pay attention to. ChapterⅣ, "To improve China's patent issues in the standardization of technology" objective analysis of standardized management system that the current situation of China's Standardization Administration of the acute problems, and from the reform of China's existing administrative system and the standardization of patent law, anti-monopoly Environmental law in areas such as the system put forward relevant proposals.