Study Of Technical Standards And Intellectual Property Issues

Intellectual property rights are special civil rights and the intellectual property laws grant the right holders with the exclusive rights to use, obtain the benefit from, and transfer the intellectual property and so on. But along with the science and technology development and the intellectual property rights consciousness enhancement of people, the intellectual property rights, especially patents, are more and more put into the technical standard, witch more and more becomes the sharp weapon in the business activity, brings the huge benefit for the intellectual property right holders, and causes the increase of the social fortune. However, it also brings the risk of intellectual property rights abuse and causes the damage to the person who passively accepts the technical standard.The backward understanding and research of our country on the technical standard make our country pay less attention to the relevant intellectual property rights in it. facing foreign company's technical standard strategy, we are somewhat at a loss. Therefore the author attempts, by introducing the intellectual property rights and the technical standards, to analyze the questions of intellectual property rights policy and intellectual property rights abuse relating to the technical standards, to point out the reasonableness and the deficiency of the stipulations in the relevant laws and regulations, and to provides some countermeasures and the suggestion for the questions which our country faces.This paper includes four chapters.First chapter: The outline of intellectual property rights and technical standard. This chapter introduces the concept of the intellectual property rights and the technical standard and analyses the reasons for the merge of these two and conflicts between them.Second chapter: Standardization organization's intellectual property rights policy analysis. This chapter mainly introduces the main standardized organization's intellectual property rights policy and analyze the current intellectual property rights policy.Third chapter: Analysis on the abuse of the intellectual property rights In the standardization process. This chapter separately analyses the two kinds of the abuse arising from the standard formulation process and the standard permission process.Fourth chapter: Influence of the technical standard and intellectual property rights on our country and countermeasure and suggestion. This chapter introduces the technical standard and the intellectual property rights question faced by our country, provides some suggestions on the improvement of the relevant technical standard laws and the intellectual property laws and the suggestions on the countermeasure to the technical standard.