Standard Research, And Patent Combination Caused By The Antitrust Laws

"Patented Technology - Patent standardization - Standard monopoly" has become the new and important international competition rules and business strategy. The combination of standards and patents plays significant roles in promoting technological progress, international trade and facilitating consumers, which also brought conflict between public interests and private interests. In recent years, some developed countries and their enterprises seek to expand trade barriers or the monopoly profits by inserting patented technology into standards and criteria, which results in the conflicts between the standardization activities and patent protection, triggering some negative consequences, thus urges people to introspect on the relevant rules.This paper viewed the questions from the monopoly caused by the combination of standards and patents, and it will be helpful for the standardization work, international trade, fair and free competition in the market of China, guiding companies standardization and patent license. Therefore, investigation of the anti-trust restrictions on the combination of standard and patent is of great significance.On the basis of some research results, this paper mainly used comparative analysis, economic analysis and historical analysis to investigate the questions, and then tried to put forward several proposals for the antitrust law about the combination of standardization and patent.In addition to the introduction and conclusion, this thesis was divided into four chapters:Chapterâ… , " summary on combination of standards and franchise" , This chapter introduced the meaning of the standards, and the reasons for the combination of standard and franchise. The impacts of the combination were as follows: on one hand, franchise and standard get extensive promotion by each other; on the other hand, the franchise enclosed into the standard easily induced the abuse of rights by patentee in the pursuit of " maximum benefits" in the course of seeking market dominance, which would harm competition order. Therefore, it arouses the concerns of the anti-trust law.Chapterâ…¡, "several types of monopoly arouse from combination of standards and patents", introduced several main types of monopoly arouse from the combination of patent and standard and its unique property. This unique, is the significance of classifying the monopoly, determines the principles and modalities of how to regulate monopoly.Chapterâ…¢, "the anti-trust law and regulations of several states", analyzed the standard patent and antitrust law of the United States, Japan, the EU and other countries (regions) by comparison method, and similarities and differences of them were summarized. Different states have a similar point of view on the relationship between anti-trust law and intellectual property law, and most of them use the lawmaking mode of making relevant anti-trust guidelines and administrative regulations besides of the anti-trust law. Reasonable principle was mostly used to judge the monopoly. However, the regulations, the legal effect of different guidelines, making of anti-trust rules and the details of anti-trust rules are different.Chapterâ…£, "Chinese antimonopoly regulation system on combination of standards and patent", introduced the condition and shortcomings of anti-trust legislation on combination of standards and patents in China firstly. The standing orders are scattered, and have loopholes in the law, e.g. anti-trust regulations on combination of standards and is blank; the maneuverability of standing orders is not strong. On the basis of introduced above, several recommendations were put forward. In the macro level, anti-trust franchise guidelines and administrative regulations contain some contents about combination of standards and patents should be made besides anti-trust law in China; in the micro levels, some specific proposals about methods and factors of analyzing the anti-trust law on combination of standards and patent monopoly behavior were put forward from aspect of abuse of market dominance, monopoly agreements, and so on.