The Study In International Law Governance Of Patent Abuse In Patent Standardization

Standard has penetrated into every aspect of our lives and give our life a lot easier. With the development of commodity economy, international trade, deepening trade ties between the role of international standards as more and more prominent. In the global competition in international trade, each country, each enterprise are do everything a place in the international standard system. With the rise of the ICT industry, patented technology became the standard can not circumvent the problem, to meet the development of the industry, for the benefit of consumers, standardization bodies in the standard-setting process have begun to incorporate technical standards essential patents. Patents and proprietary property of standard quasi-public goods attributes of integration, since both properties will inevitably brought into the range of negative effects, and thus hinder the freedom of international trade, including the standardization of patent patent abuse is a typical performance. In the context of international trade, exactly how to resolve patent standardization of patent abuse, there is no mature organization and procedures. The author intends to analyze this issue on the international regulatory system, put forward feasible solution path for academics and practitioners reference.This paper is divided into four parts, the first part is an overview of the patent standardization of patent abuse, introduces the concept of a standardized form of patents and patent standardization of patent abuse and its impact on international trade; second part presented an overview of the major international standardization bodies, the lack of patent rules and the rules of international trade practice in standardization; third part describes the relevant WTO patent regime standardization of patent abuse regulations, and its problems under the coordination of the TBT Agreement and the path patent standardization of patent abuse were discussed; fourth part is the end of the article, mainly with the reality of our country, for our country how to face patent standardization trend presents coping strategies.