论技术标准和专利地法律平衡——以通信标准为例考察.pdfVIP

Abstract openness, general applicability, emphasize the social collective interests, make every effort to enable societies to use this technology collectively with the minimum cost. And the patent makes one have stronger exclusiveness and owns absolute private property right legally. The mutual exclusions of the standard and patent interests make the standard organization generally avoided bringing the patent into the standard as much as possible when making standard. Modern science and technology, especially the high-speed development of the information technology makes the relation between patent and standard changes. On one hand, well known technology in the high-new technical field is fewer and fewer, with the enhancement of the consciousness of intellectual property protection, most research or technological achievement has been applied for patent protection. Enormous patent quantity and patented technology industrialization accelerate, in order to serve the patented technology as standard, the standard organization have to negotiate with patentee. On the other hand, the patentee, in order to make use of standard to realize monopolization in the market competition, will apply to bring the patented technology into standard voluntarily. The consistency of the interests makes the relation between standard and patent closer and closer, the patent has already become an indispensable part in the standard. But quote the patent to in the technical standard need to follow certain principle, for instance information announcing principle, the antitrust principle, etc., the settlement of these principles is for guaranteeing the equilibrium of standard holder and social interests, and just because