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Of transnational corporations in the TD-SCDMA patent misuse and Countermeasures Legal Regulation

Author: WuHongHua
Tutor: TangChaoHua
School: Hunan University
Course: Legal
Keywords: Technology standard TD-SCDMA Patent Alliance Patent misuse
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 167
Quote: 5
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Abstract


TD-SCDMA is a synchronous time division duplex CDMA in the communications industry for short, is supported by the Chinese government , Datang Telecom Technology Group 's third -generation mobile communications international standards. TD-SCDMA is a technology standard, with the technical standards of the general characteristics, namely openness, unity ; scientific rationality ; economy ; development and so on. TD-SCDMA is a kind of technical standards and patents are closely related , but a combination of patents and technical standards could lead to abuse of rights . Currently, multinational companies use patents in TD-SCDMA Alliance patent abuse manifestations are: monopoly pricing , tying, discriminatory pricing and reject the applicant's patent licensing . Multinational companies in the use of technology in TD-SCDMA standard form of patent abuse are: the use of information superiority to obtain improper benefits , refused to incorporate patented technology standards , the use of private agreement restricting competition and recklessly patent infringement warnings and fraud. Multinational patent misuse serious damage to China's telecommunications companies and mobile consumer interests , hindering the healthy development of China's telecommunications industry . Therefore, it is necessary to multinational patent misuse of legal regulation, can take the following measures: use of patent law, compulsory licensing system for standards and patents alliance refused to permit the conduct regulation ; utilize contract law validity of the contract on the restriction of competition , fraudulent conduct regulation ; utilize the basic principles of civil law on fraud and other abuses to regulate patent ; utilization anti-Unfair Competition Law section 12,14 article on tying, recklessly infringement warning conduct regulation ; utilize antitrust 17 , 18,19 of monopoly pricing , discriminatory pricing , tying and refusal to license such patent misuse behavior regulation. In addition, multinational patent abuse can also take the following measures: strengthening communication technology independent research and development ; actively developing technical standards ; improve China 's TD-SCDMA patent alliance system ; establish TD-SCDMA intellectual property early-warning mechanism ; establishment of patent information disclosure system and so on . From a legal and policy aspects of two-pronged approach to effectively regulate multinational patent misuse , and effectively protect the interests of domestic telecommunications enterprises , China's telecommunications industry is healthy and rapid development of escort.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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