Research On The Disclosure Duty Of Standard Essential Patent

Standard essential patent is the mixture of standard-setting and patent,spurs the development of the society.However,the differences between the nature of standard and patent and the differences between the system purpose of standard and patent make conflicts certain.Those conflicts derives from the conflicts between standardization and patent law,along with the interest conflicts between standard essential patent holders and standard users,resulting in Patent Hold-up and Adverse Patent Hold-up,which are obviously unfair.Those conflicts even have adverse effect on market competition.With the analysis of the conduct of Patent Hold-up and Adverse Patent Hold-up,it is clear that the essential reason of those results is information asymmetry in the process of standard-setting,including information asymmetry in patent right information and patent licensing information.The interest conflicts and information asymmetry deteriorate the distrust between standard essential patent holders and standard users.The problem can only be solved by the regulation and perfection of the rule of disclosure.Therefore,the study and the perfection of the rule of disclosure are crucially necessary.There are several laws in China regulating the disclosure duty of standard essential patent holders from different angles and different ways,including Contract Law,Law of Standardization,Patent Law and Antitrust Law.Besides,the Draft manuscript the fourth amendment Law has made new regulation for the disclosure of standard essential patents.Nevertheless,there are still several problems worthing further reflection and perfection.The first chapter,disclosure rule—the rule balancing the conflict between standardization and patent rights,consisted of three sections,introducing the value and the influences that the mixture of standard and patent brings for the society,the conflicts that the mixture of standard and patent results in,and the necessity of the perfection of disclosure rules.The second chapter,after considering the special aspects of China's SSO and standard-setting work,try to construct the basic rules of disclosure system.The third,the fourth,and the fifth chapter,introduces separately the contractual nature,patent misuse nature and monopoly nature of conducts violating disclosure duty,the summary of constitutive requirement of conducts violating disclosure duty,and how to regulate those conducts.The last chapter,the reflection on the regulating ways of the conduct of violating disclosure duty and the suggestions for perfecting them.