Background in China ----Legal System:
Background in China ----Legal System Standardization Law (1988)
Implementing Regulations of the Standardization Law (1990)
Against Unfair Competition Law (1993)
Patent Law (2000)
Implementing Regulations of the Patent Law (2001)
Background in China ----Several Cases:
Background in China ----Several Cases Standards of 3G Mobil Telecommunication
Standards of Hidensity TV Technology
DVD Patent Pool
Background in China ---- Issues:
Background in China ---- Issues In the Standardization Law, there are no specific legal-procedure articles on how to prevent the issues of unfair competition arising from the standards-setting process.
The Anti-trust Law has not been promulgated yet in China and there are no special prescriptions on the aforesaid issues in other related laws.
Along with China entering WTO and multinational companies landing Chinese mainland, the fair competition issues arising from standards setting have become prominent.
Organizations may Supervise the Issues:
Organizations may Supervise the Issues SAC of China
Industrial Commercial Administration
State Intellectual Property Office
Anti-trust Bureau
How to Supervise:
How to Supervise If the technologies involved in standards include patented technology or other IPRs
If the relationship between the standards and IPRs can be coordinated reasonably when the standard content involves patents or other IPRs
The ex post facto examination by court
Summary:
Summary It is necessary to exam the technical standards from the view of fair competition in the process of setting standards in China.
Examination will eliminate those per se illegal circumstances in the process of setting standards;
The application of rule of reason also should be concerned in the process of examination.
Thanks:
Thanks Guo He
Law School,
Renmin University of China
Beijing 100872, P. R. China
E-mail: guohe@ruc.edu.cn, kuoho@yahoo.com