A Research On Regulations Of Patent Abuse Among The Technical Standards

Abstract:In the high-tech developing21st century, the combination between the technical standards and patents has been unstoppable, of which influence has gradually went deep into each area of social life.On the one hand,the combination between them has improved the consumers’ living standards as well as brought a huge economic effect to the enterprises.On the other hand,it has brought negative impact to the society and caused plenty of issues to the restrictive competition.During the process of patented technology being brought into standard,the enterprises took advantage of each kinds of illegal means,such as by means of discriminatory licensing,unreasonable licensing fees,refusal to license,patent pools and other way, to proceed the marketing monopoly and seek high profits for restricting or even eliminating competition.To this end,this special behavior of using technical standard to abuse the patent right has caused a high attention from the global society and turned to be a focus issue to each country.In order to deal with this new monopolistic issue,each country has made the relevant policies and handbooks as well as laws and regulations and the like regulation measures to prevent and stop the monopolistic behavior of using technical standard to abuse the patent right.From each country’s enforced results,it has achieved a considerable success.At home,in order to stop these monopolistic behavior,relevant policies,laws and regulations has been introduced and a relatively systematic governance model has been initially formed.However,as this restrictive competition behavior is more complicated with respect to the common monopolistic behavior,and China’s study on this special issue is still in a growth phase,so there are many deficiencies in various of aspects more or less,which urgently need to be improved. This paper is based on this study to make a research and analysis on its status in China,and propose some personal views on these issues.This paper is divided into five parts:the first chapter mainly gave a brief introduction about the definition of technical standards and patents, the nature and classification of simple and further analyzed the reasons and influences of both combinations.The second chapter mainly disserted to the pattern of manifestation from the technical standards for the development and implementation of a two-stage manifestations of patent misuse technical standards.The third chapter mainly analyzed the main countries in the international society of their experience on this special patent right abuse behavior from the intellectual property rights licensing policy, implementation guidelines and legal regulations and other aspects,to offer a reference for improve the corresponding system in China.The forth chapter mainly analyzed the existing problems on replying this patent abuse behavior in China and emphasized its regulative measures.The fifth chapter gave some suggestions from regulative measures-making and implement after summarizing and analyzing above.