专利技术标准限制竞争的反垄断法规制.pdfVIP

Abstract Standard becomes more and more important in the process of international business of industrialization. The strategy of “make technique into patents, standardize patents and monopolize standards” has already become mainly means by which developed countries and their multinational companies can occupy the market and get exclusive from the rivals. Standardization of patented technology turned out to be an important form of international competition. In the rapidly evolving climate of the information and communications technologies industry,a trend of development of standard is to combine patents with technical standards. The combination of patent and standard is a new trend in the domain of standard. The purpose of this paper is to discuss the series of monopoly problem result form combination of patent and standard. the reason why combination of patent and standard result in monopoly is that the difference of value pursued by technology and patent is apt to abuse of patent. When patent play a positive role in standard, their combination will promote economic profit and market competition. But patent is a kind of private property and standard is a set of technological rules in behave of collective interest. because they represent different worth mindset, proprietary technology standards will also have baffling function to the competition in the market. Patented technology performance standards for restricting competition in many areas. Including various types of restrictive competitive behaviors in the standard-setting process, standards for implementation, and the exiting of the mechanism. In the technical standard-setting process, As a result, there are