THE FIRST, THE WINNER-COMMENTS ON THE PATENT STANDARDIZATION STRATEGY UNDER NEW PATENT LAW
仲奕
【全文】
Standardization, whether compulsory or recommendatory, is the general applicable threshold for the entry of market by certain products, while the patent, as a kind of legitimate monopoly, characterized as exclusiveness and utilization with payment. Therefore, if combined, “Patent Standardization” may be the “nuclear weapon” used by patent owner for the control of industrial chain, market monopoly and super-profit. DVD, CDMA, ATSC and other technical standards attaching patent rights show us the powers of Patent Standardization, which attracts various nations grabbing such scarce resources for the interests of its own nationals.
■ Legislation
Until now, few have been done for the combination of standardization and patent in the related laws of PRC. No provision for such combination has been provided in the Standardization Law of the People''s Republic of China promulgated on December 29th, 1988 (“Standardization Law”) and the Patent Law of the People''s Republic of China promulgated on December 27, 2008 (as the 3th Amendments to this Law firstly promulgated on March 12, 1984, hereinafter “Patent Law”), including the supplementary enforcement regulations or rules respectively. For the purposes of rectifying such defects, the "Draft of Rules for the National Standards Attaching Patent Rights (Interim)” had been prepared by Standardization Protection of the People''s Republic of China in the year of 2004, provided, however, such RNSAPR fails to be applied due to various reasons.
■ Administration
Gradually, the existing defects on the Patent Standardization has been focused by Chinese government and certain measures have been taken, such as,
