※ The compulsory standard for Wireless Local Area Network (“WAPI”)had been proposed by Chinese government in May of 2003, which, however, had been challenged by Intel, Broadcom and other U.S companies with the supports of their government, consequently, such WAPI had been postponed infinitely. Until June of 2009, WAPI had been reapplied to be used as international standard because the application of WAPI represents the national interests and may protect the safety of wireless communication;
※ During the review of statements by the Committee on Technical Barriers to Trade of WTO in November, 2006, the proposal made by China titled as “
Intellectual Property in Standardization” had been filed in WTO instruments as the first instance.[1]
※
Outline of the National Intellectual Property Strategy was promulgated by the State Council on June 21, 2008, which specifically provided in Article 4. (17) (“Purpose”) that “
all policies related to the standardization shall be established and perfected and the appropriate measures shall be taken for the combination of patent and standardization. Supports shall be provided to enterprises and guilds for the participation of preparation of international standards.”
■ Judicial
As certain patents had been included in the compulsory standards imposed by Chinese government, until now, the patent owners made claims to the standard implementers for infringements in 3 cases, all of such patents had been declared as null and void. For the purpose of establishing rules for such disputes, the related implementation rules or regulations of the new Patent Law had its efforts to clarify the roles of patent in the process of standardization.
As far as I know, the principles thereof had been provided in Article 20 of the Interpretation on Certain Issues Concerning the Application of Law in the Trial of Controversies over the Infringement of Patent Right (Draft) promulgated by the Supreme People’s Court of PRC on June 18, 2009 (hereinafter “Draft”) as follows:
