我国通信技术标准化中的专利权问题分析——以标准与专利的冲突为视角-analysis of patent right in chinas communication technology standardization —— from the perspective of the conflict between standards and patents.docxVIP

临的共同点和不同点，从而对制度设计进行把握，进而对我国标准专利问题的解决起到实质性的作用。关键词:通信； 技术标准； 标准化； 专利权AbstractThe rapid development of information and communication technology to promote rapid progress on all fronts in the ?eld of contemporary socio-economic, and promote the prosperity of human society, to accelerate the process of economic globalization, and greatly in?uence and even change the way of people live. The reason why the advanced communication and information technology has an enormous power, the standardization of information and communication technologies, in particular the important role played by the international standardization was invaluable.The road of standardization process is unstoppable, however, the twists and turns of standardized’road is also inevitable. As the technology update speed by leaps and bounds and the growing popularity of the consciousness of intellectual property rights, advanced electronic information and communication technology almost all fall into the scope of patent protection, the formation of new technical standards can’t do without the new technology solutions, then it’s also inseparable from the patent system. However, the con?ict of the legal attribute, the value, the interests of the subject which between standard and patent are natural existenced, and the Con?ict made the situation of standard and patent is very complicated.People once deliberately avoid patents in formulate standard, however, strong in- tellectual property rights era make technical standard no room, the two con?ict broke through the balance of interests, upset the economic and social order... So people began to ?nd a way to solve the problem of standard patent. The most important way to basi- cally has the following three types: organization for standardization issued patent policy, legislation, judicial authority according to standard patent issues administrative depart- ment according to standard patent problem of administrative rules and regulations. In the standard patent poli