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The Conflicts and Balance of Interest in Patent Protection for the Selection of Technology Standard

Author: LiQiuPing
Tutor: LiChunFang
School: South China University of Technology
Course: Civil and Commercial Law
Keywords: Technology standard National Institute of Standards Patent Conflicts of interest The balance of interests
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 125
Quote: 2
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Abstract


China's standardization system is a typical administrative standards management system, the development of standards required by the guidance of the government by the public power sector project approval. The government selected technical standards application implementation as a national standard so that private exclusive changes into the patented technology with a strong public interest, and bound to form a serious challenge to the technical standards of patent protection. Our current technical standards selected in how to deal with the relationship between technical standards and patents, harmonized standards selected theoretical research and patent protection for a variety of conflict of interest is very little in patent issues, selected for the standard provisions and treatment can be said is in a vacuum state. Government-specified technical standards for patent protection for the object of study, to analyze the contradictions and conflicts of patent protection in selected technical standards, corresponding to the equilibrium point found from the reality of our country, to compensate for the theoretical study of the country on this issue The vacancy Mianbaozhili also demonstrated better application of theory and the guidance of the National Standards Strategy. Articles on the basis of analysis of the technical standards, the legal meaning of the patented technology, the integration of the patented technology and technical standards, the patent system in the technical standards, the government-designated technical standards needs to start on. Shortly thereafter, for our government to specify the status of technical standards, analyze the differences in the government-led standards and the dominant standard, a patent incorporated into the technical standards Inhibition and competition hinder standard in China, to expound the Government to specify the technical standards circumstances under patent the need for protection, in-depth analysis of the conflict between the government specify technical standards of national private rights of public rights and proprietary technology, standard public and patent the technology private rights and government interests, public interests and private interests, and summarizes the technical standards and patents technology combined with the specific issues that are raised. Then put forward the standard selected in technical standards and balance the interests of patent protection countermeasures, focusing on the coordination of the conflict of interest in the technical standards for patent protection and patent technology standard based on the principle of balance of interests. The concluding section that involved in the technical standards in the formulation and implementation at the same time, the government must accurate intervention with suitable government policies, clear principles for the establishment of the China's national standards, make full use of the patent law and antitrust laws of the patented technology standardization various legal interests conflict regulation.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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