About Patent Abuse Of The Legal Issues In The Standard Study

Nowadays, technical standards have been playing a more and more important role in market competitions together with the increasing development of knowledge economy. The reasons of this are mainly that patents have been becoming significant in technical standards. Enterprises try to make their own patented technologies incorporated in relevant technical standards in order to achieve high profits and to explore other's patents via cross licenses, which can promote technology developments. The thesis analyzes issues including the combination of technical standards and patents as well as the reasons thereof, various behaviors that constitute patent abuses and etc. Through such analysis, the thesis will try to put forward some considerations and advices regarding how to regulate behaviors of patent abuse for the expectations of balancing interests between patentees and technical standards users thereby preventing patent abuse accordingly. There are various kinds of patent abuse such as concealing relevant patent information during the process of making certain technical standards, rejecting to license relevant patents to certain standards users, and prescribing unreasonable restrictive stipulations in relevant patent license agreements. After these relevant analysis, the thesis draws a conclusion that the best way to regulate behaviors of patent abuse is through the combination of standardization law, patent law, anti-monopoly law and anti-competition law in order to protect the legal monopoly rights of patent holders and the rights of the public to use standards in the meantime.The thesis mainly adopts the following methods for legal research: i) method of case study. The thesis cites various cases to analyze different legal issues. ii) comparative method. Since the issue of standardization is a global issue, the thesis investigates certain successful experiences of developed countries such as the United States, iii) method of integrating theory with practice. The thesis also analyze relevant legal issues by investigating into certain facts from the practice. The thesis includes four chapters:ChapterⅠis a general introduction to standards and patent and contains contents of definitions, classification and features thereof; ChapterⅡanalyzes issues related to reasons and possible influence of the combination of standards and patents; ChapterⅢis a legal analysis on possible patent abuse involving standards which starts from what are patent abuses, then further analyzes relevant examples of patent abuse involving standards and also address relevant issues of patent pool; and Chapter IV is focused on issues of the current laws and regulations in China with respect to patent abuse involving standards and how to regulate patent abuse in the application of standards, and finally bring forward some legislative suggestions regarding relevant legal system in China.