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Research on Patent Information Disclosure System in Technical Standards Setting

Author: ShiYanLei
Tutor: ZhengShuQian
School: Henan University
Course: Civil and Commercial Law
Keywords: Technology standard Patent Information Disclosure The balance of interests
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 160
Quote: 1
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Abstract

\resources of a civil rights, it does not have exclusive, exclusive; patent is a private right, the right holder in the process of technology development and the acquisition of the rights to pay the high cost, the profit-maximizing to return on intellectual capital and other elements of pay is also a matter of course, so it has exclusive use of the proprietary nature. Technical standards and patent an inner contradiction, but in the objective conditions of the technology development needs, they must, so that the further highlight the contradictions. How to ease the contradiction between the two, the balance of the interests of the parties to the interests of the problems to be solved in the technical standards. Technical standards to the interests of the parties to the problem of asymmetric information. Relative to the patentee, the standard-setter has more internal, through various means, they can at the expense of the interests of patent holders to seek their information advantage interests involved in the standard-setting; relative to the standard implementers, patent the right to occupy a more standard-related patent information can be the patent withheld, set patented trap to obtain benefits. Information disclosure is an effective way to suppress information asymmetry. Therefore, in the technical standards must be full disclosure of patent information, in order to ensure that the standard-setting the balance of interests of all parties. The balance of interests must be achieved through the setting of specific systems. I proposed the establishment of technical standards in patent information disclosure system, the system is set to achieve a balance of interests means also need to balance the interests of a specific system settings to reflect. ISO attaches great importance to patent information disclosure system set up to maintain the balance of interests. Three major standards organizations as the international standard-setting body, its intellectual property policy patent information disclosure system, we can learn from. International organizations in the process of setting standards, patent information disclosure system to reflect its value orientation system specific settings, or maintenance of certain interests, or to suppress certain interests, and ultimately the balance of interests of all parties. The VITA to enforce \measures that will greatly improve the the prior disclosure policy enforcement. Encouraging prior disclosure policy, good balance standards development side, the balance of interests of patent holders, standards implementers Ogata: on the one hand, to increase the transparency of the authorization, the standard makers and practitioners can be considered in the standard alternative technologies; On the other hand, the use of voluntary incentives only encourage members to disclose patent and its price ceiling, easier to accept for the patentee to improve the probability of a patent inclusion criteria. However, precisely this voluntary technical standards caused a lot of trouble: First, the direct result is that there is no patent holder is willing to be the first to disclose its proprietary information; indiscriminate voluntary, especially for some relationships the national economy and development of technical standards, voluntary disclosure of technical standards, the implementation of the obstacles. Although the policy such as \The two troubled, lack of legal enforceable encouraging prior disclosure policy is still helpless. The final standard-setting defeat the purpose of the promotion of patented technology was also hampered the interests of all parties concerned can not be guaranteed. Mandatory prior disclosure policy is not only the patentee harsh to the most stringent disclosure obligations, and the appropriate punishment measures to ensure that the disclosure of the realization of the obligation to avoid patent conceal adverse consequences, from a theoretical point of view, the most. China is currently in the stage of large-scale use of international and foreign standards, for standard implementers do not have the necessary patents, the mandatory prior disclosure seems to be the best choice. In the standard-setting process should take full account of the interests of the patent holder. Mandatory prior mandatory disclosure system highlights that the provisions of the penalties for violation of disclosure behavior, thus leading to the questioned holds a large number of patented technology. I suggest the encouraging prior disclosure based on the principle of antagonism to take disclosed, prior disclosure to the mandatory principle of special provisions, given a higher disclosure obligation requires some special areas, to take effective doctrine of disclosure. On the patent information disclosed in the main settings, on the one hand, must be clearly disclosed in the main, in particular to standard setters included in the disclosure of the subject; distinguish the other hand, respond to the main level of disclosure, and that disclosure of the relative person. In the standard-setting process, the patent information disclosed in the main body to play a different role, its disclosure requirements. The setting of the level of disclosure is disclosure \Disclosure \technical standards must be related to one or more patent rights. Macro level to solve the problem of disclosure of which patents, followed by microscopic perspective to determine the specific disclosure - essential patent rights. Disclosure is defined as \\The disclosure process, organized by the National Standardization Management Committee recommended the establishment of various standards organizations actively involved in the disclosure of patent information database, patents and patent license statement publicly disclosed by the standards organizations. The management of the database, the State Committee for Standardization to develop a unified management processes, and supervise the implementation of the various standards organizations. Disclosure of patent information database, create, update, and maintenance by the standards organizations. Submit a declaration to be processed according to the actual situation, treatment is divided into the following four categories: the Universal Declaration of processing, the processing of patent declaration, the revised statement processing and denial of statement processing. Finally, it should be pointed out that the responsibility of breach of patent information disclosure obligations, many patent information disclosure policy can not be fully realized the important reasons is that there is no clear distinction responsibility requirements. The differentiated responsibilities commitments, on the one hand, the distinction between the different stakeholders, should also be included within the same stakeholders distinction. Responsibility of different stakeholders including the patentee, standard setters non-disclosure obligation and standards implementers is not in accordance with the license conditions for implementation responsibility to enforce the patent. The same interests inside the body distinguish As for the patentee is divided into non-disclosure obligation is to participate in the standard-setting patentee and the patentee did not participate in the standard-setting responsibility commitment. Particular standard-setting entities are not disclosed responsibility, standards development in the patent information disclosed focus patentee's patent information disclosure, given the stringent disclosure requirements, disclosure of patent information often overlooked standard-setting main responsibility of the problem . Industry Alliance and other non-official standard-setting body in the world, regional, national and industry standards plays an increasingly important role in multinational corporations, mixed standard-related patent holders and standard-setting body at the same time, if the main standard-setting any constraints to seek maximum benefits that may arise from the abuse of monopoly and intellectual property, you can not prevent. Should therefore be clear standard-setting main responsibility. The problem described in this article in accordance with the four-part, as follows: The first part introduces the basic concepts of the technical standards, the relationship between technical standards and patent information set forth technical standards need for patent information disclosed. The second part of the foreign technical standards development patent information disclosure system analysis, develop technical standards in China has a very good reference. The third part of the technology standards to develop Assessment of the Status and disclosure of patent information, asked the lack of patent information disclosure system in our country, as well as legislative and judicial defects. The fourth part of patent information disclosure system deficiencies, patent information disclosure system to build China's technical standards. Main qualitative disclosure from the patent information, the disclosure of the main body, the time of disclosure, disclosure, disclosure process, handling and accountability seven aspects of build.

Research on Patent Information Disclosure System in Technical Standards Setting

Abstract

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