技术标准中专利权滥用的反垄断规制-法律专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Traditionally, there is scarcely any relationship between technology standard and patent which is exclusive, regional and of timeliness. In contrast with patent, technology standard is characterized by general application, maturity and free, broad usage, which is gathered to avoid involving in patent technologies. But, with the development of advanced and new technologies, there is no ready general-purpose technology which can be collected as technology standard in the field of advanced and new technologies. All of the inventors of advanced technologies have strong consciousness of patent right protection, and their technology achievements almost are covered with patents completely. Therefore, standardization organizations have no choice but to negotiate with the patentees so as to gather patent technologies as standards within the advanced and new technologies. In the area of advanced and new technologies in China, especially in the industries of digital products, mobile communication, internet and etc，demanding high compatibility, the international technology standard is the foundation of production, marketing, service supply and participation in the international competition. Because of the feeble basic study on the above issue in China, the industries starve for the strong support from the law theories when draft the standards or transnational companies hunting for the high patent fees. This paper studies the abuse of patent rights in the technology standard land and combines with the advanced experiences ,bases on our present situation , to regulate the abuse behavior in the whole law area.. There are four chapters in the article.Chapter 1 ?technology standard and the patent right?discusses the concept, characteristic and category of technology standard along with the reason and influence of combination of technology standard and patent right.Chapter 2 ?The abuse of patnet right? probes into the bourn of the l