专利与技术标准的冲突及对策

The Conflict Between Patent And Technical Standard And The Relevant Measures

随着全球经济一体化进程的加快和高新技术的飞速发展 ,专利与技术标准之间的冲突越来越明显。一方面 ,专利技术的所有者出于自身经济利益的考虑不愿进行专利许可。另一方面 ,这些专利技术对技术标准而言又是必需的 ,否则技术标准就无法实施。本文分析了专利与技术标准之间常见的冲突表现形式 ,并依据中国的现状提出一些对策。

The conflict between patent and technical standard becomes more and more obvious in pace with the economic globalization and the development of high technologies. On one hand, the owners of patented technologies probably refuses to license because of taking into account their economic interests. On the other hand, the patented technologies on which the technical standards are based are necessary because the technical standards cannot be enforced without those technologies. In this article, several common phenomena are analyzed and the appropriate measures are put forward according to the current situation in China.