Research On Disclosure Obligatin System Of Standard Essential Patents

Although the disclosure system of standard essential patents has been established,according to the relevant provisions of China’s "Regulations on the Administration of National Standards Inrelated to Patents",it is still only a principled provision..According to Article 5 of the Administrative Provisions,at any stage of the revision of national standards,the organization or individual participating in the revision of national standards shall disclose the necessary patents it owns and knows as soon as possible,provide relevant patent information and relevant supporting materials at the same time,and be responsible for the authenticity of the information and materials.Fails to disclose as required,violates the principle of good faith,will need to bear the corresponding legal liability.It can be seen that there are no specific provisions on the content and manner of disclosure and the legal liability for violating the disclosure system,which makes the individuals or organizations with the obligation of disclosure confused when disclosing and also causes many difficulties to the judicial practice.And the performance of disclosure obligations is closely related to the judgment of liability,so the existing problems in the disclosure system will also bring troubles to the relevant judicial practice.Technology standard formulation and implementation of the standard essential patents to obtain advantageous "exclusive",standard patent holder can choose to charge permit necessary way to obtain huge sales market share,so early effective and reasonable disclosure is of great significance for carrying out standard,i otherwise easy to generate "latent standard essential patents",highest standards makers out of choice "cost-effective" patents,practitioners can’t effective forecast peace talks.In practice,patent hijacking is easy to occur,which is very disadvantageous to standard implementers.With the continuous advancement of patent standardization,China attaches more importance to the standard essential patent disclosure system.Disclosure,as a basic link in standard formulation,is closely related to other links in standard formulation and follow-up standard implementation.Disclosures to build a good system can be balanced with a good standard setters,patent disclosure and the relations between standard implementers,strongly promote the effective operation of the patent information disclosure system and so on standard necessary patent disclosure disclosure content,degree and violation of disclosure obligation to bear the corresponding legal responsibility definitude study has important significance and necessity.The author wants to standard necessary patent disclosure system is not clear in the content,way and ACTS contrary to the disclosure obligations have to be clear analysis of the specific legal responsibility,and combined with outside standards organization and operation,the relevant provisions of the relevant systems in China,provisions,views,and through analysis of the operating practice,so as to put forward the constructive Suggestions of perfecting our country’s standards necessary patent disclosure.This paper will be elaborated from four parts,as follows:The first part,on the basis of clarifying relevant concepts,elaborates and analyzes the existing provisions,problems and causes of the standard essential patent disclosure system in China.The existing problems include unclear scope of disclosure,unclear procedure of disclosure,unguaranteed effect of disclosure and unclear legal liability for violation of disclosure obligation.The analysis of the causes of the existing problems is mainly carried out from three perspectives: the interest relationship behind the system,the system provisions and the responsibilities of the standard-setting organization.The second part studies the specific state requirements that China’s standard necessary patent disclosure behavior should meet.It mainly analyzes the disclosure procedure and scope of disclosure,and explores whether there is any reference in combination with the relevant provisions and practical operations of foreign relevant standard organizations in the patent information disclosure system.Among them,the scope of disclosure includes the content and degree of disclosure,and the disclosure procedure includes the time and method of disclosure.After clarifying the specific state requirements that the disclosure behavior should meet,the circumstances of the behavior in violation of the disclosure obligation are clarified.Here,it is mainly carried out from the perspective of judgment and behavior factors,and then lays the relevant foundation for the responsibility bearing in the third part.The third part discusses and analyzes the relevant legal liabilities of the behavior violating the disclosure obligation requirements in the standard essential patent disclosure system,mainly combining the contents of different disclosure statements and exploring different legal liabilities from different legal perspectives such as the civil code,anti-monopoly law and intellectual property law.The fourth part,starting from the standard essential patent disclosure system itself,puts forward suggestions to improve the standard essential patent disclosure system in China from the specific content of disclosure requirements,the regulation of behavior violating disclosure obligation and other aspects.In addition to the specific content of the disclosure requirements,attention should also be paid to the impact of other behaviors of the disclosure subject on the disclosure requirements,and more options should be provided for the contents and methods of disclosure.At the same time,attention should be paid to the construction of incentive mechanism and the establishment of responsibilities of standardization organizations when exploring how to set up scientific disclosure requirements.