IP in Standardization

Translated by: G·IPRs (Michael Ni, Katherine,  Shanghai Runhe Law Firm, Version: R1.0, Nov 19, 2009 )

Chapter I. General Provisions

Article 1 With the purpose of appropriately coping with the issues on national standards involving patent, standardizing the setting and revision of national standards, encouraging independent innovation, promoting the proper application of new technology in national standards, protecting the rights and interests of the public, patentees and relevant right owners, ensuring the effective implementation of national standards, Regulations on the Administration of Setting and Revision of the National Standard Involving Patent (hereinafter "Regulations") was hereby enacted in accordance with Standardization Law of the People's Republic of China, Patent Law of the People's Republic of China, Measures for Administration of National Standards and other relevant laws and regulations.

Author: Zhong Yi, Shanghai Runhe Law Firm [ This article first published in the LexisNexis "China Legal Review" ]

Standardization, whether compulsory or recommendatory, is the general applicable threshold for the entry of market by certain products, while the patent, as a kind of legitimate monopoly, characterized as exclusiveness and utilization with payment. Therefore, if combined, “Patent Standardization” may be the “nuclear weapon” used by patent owner for the control of industrial chain, market monopoly and super-profit. DVD, CDMA, ATSC and other technical standards attaching patent rights show us the powers of Patent Standardization, which attracts various nations grabbing such scarce resources for the interests of its own nationals.