2. According to Article 8 of Version 2009, "That patentees and their affiliates participating in the drafting of the standards fail to disclose in accordance with the above requirements shall be regarded as licensing for free";

　　According to Article 20.1 of the Interpretation of the Supreme People''s Court on Certain Issues Concerning the Application of Law in the Trial of Controversies over the Infringement of Patent Right (Exposure Draft), "Where the patent is incorporated into the standard published by national, industrial or local standard making organization upon the consent of the patentee and the patent has not been disclosed by the standard, the people’s court may determine that the patentee licenses others to exploit the patent when they exploit such standard except that the patent must be exploited in the form of standard according to law.　Where the patentee requests the person who exploits the standard to pay royalties, the people’s court shall determine a reasonable amount of royalties after comprehensively deliberating the innovative degree of the patent and its function in the standard, the technical field which the standard belongs to, the nature of the standard, the scope of carrying out the standard and other factors except that the patentee promises to waive royalties."

　　i.e., the above two drafts hold different opinions on the consequences of failing to exercise the disclosure obligation of patent involved in standard. Licensing for free is the consequence regulated by Version 2009 while the consequence of the judicial interpretation of the Supreme People''s Court is "to determine a reasonable amount of royalties".

　　3. Version 2009 newly adds obligations of disclosure, notification and reporting for approval and other obligations for the patentees of patent involved in standard, standards makers or revisers, restricts the scope of choice of the patentees of patent involved in standard concerning the terms of licensing, limits the royalties to be considerably low compared with the normal and adds two administrative activities of "temporarily withheld" (Article 10 and Article 13) and "mandatorily licensed" (Article 13). Such provisions involve crosses of several legal departments like Standardization Law, Patent Law, Administrative License Law, etc. and also involve legal provisions regarding administrative and judicial remedies, provided, however, there’s no specific provision or authorization of legislation in and from upper law.