Research On The Patent Rights In China’s ICT Standardization

The rapid development of information and communication technology to promoterapid progress on all fronts in the feld of contemporary socio-economic, and promotethe prosperity of human society, to accelerate the process of economic globalization, andgreatly infuence and even change the way of people live. The reason why the advancedcommunication and information technology has an enormous power, the standardizationof information and communication technologies, in particular the important role playedby the international standardization was invaluable.The road of standardization process is unstoppable, however, the twists and turnsof standardized’road is also inevitable. As the technology update speed by leaps andbounds and the growing popularity of the consciousness of intellectual property rights,advanced electronic information and communication technology almost all fall into thescope of patent protection, the formation of new technical standards can’t do without thenew technology solutions, then it’s also inseparable from the patent system. However,the confict of the legal attribute, the value, the interests of the subject which betweenstandard and patent are natural existenced, and the Confict made the situation ofstandard and patent is very complicated.People once deliberately avoid patents in formulate standard, however, strong in-tellectual property rights era make technical standard no room, the two confict brokethrough the balance of interests, upset the economic and social order... So people beganto fnd a way to solve the problem of standard patent. The most important way to basi-cally has the following three types: organization for standardization issued patent policy,legislation, judicial authority according to standard patent issues administrative depart-ment according to standard patent problem of administrative rules and regulations. Inthe standard patent policy, the most typical system are patent information disclosuresystem and “Fair reasonable and non-discriminatory”system, this two systems playedthe important role in deal with the problem of standard patent.Yet its existing problemsare also increasingly remarkable, while continuously improving and perfecting the patent policy, the national legislative and administrative departments are actively introducedlaws and regulations, standard patents of growing problems comprehensively.Our country also made the widely action in nearly a decade, patent policies intro-duced, revision of the patent law, publish relevant laws and regulations... However, theexistence of the gap between domestic and international is inevitable, diferences in na-tional system of handling diferences are inevitable too. Then how to make our utmostto absorb the international high level, at the same time take into account China’s specialnational conditions, thus forming a complete set of patterns to deal with the patentproblem in communications technology standardization, this requires us to actively fol-low the international pace, both in theory and practice to speed up the pace, trying tofnd the similarities and diferences which domestic and international developed countriesfaced on the issue, so as to grasp the system design, and then play a substantial role inresolving the problem of standard patent which in our country.