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Analysis of the practical value of intellectual property technology standardization (part three)

Zhao Xu. Research And Education Institute Inc (USA)

IP Researcher;

[Abstract] Standards and intellectual property rights are compatible with each other, and the disclosure of standards inevitably involves the disclosure of intellectual property rights. Many patents or technical secrets hidden in the standards, through the publicity means and Strategies of standards, will get the first chance in the market competition. To integrate into the market, we must enter into its standard system and conduct production, management and operation in accordance with its standards.

[Key words] Technical Standards Market Competition Standardization IP


With the rapid development of the globalization of science and technology economy and the industrialization of high and new technology, the integration between technical standards and intellectual property rights is increasingly close. At present, there is a very obvious trend in the world, that is, more and more countries, governments and multinational enterprises use the high-tech standardization to affect the whole industry competing with it. In particular, some developed countries in Europe and the United States formulate technical standards for some products and monopolize core technologies to determine their own voice in global commodity trade, which to a certain extent also increases the cost for developing countries to acquire corresponding technologies. For example, from March 1, 2007, according to the regulations of the Federal Communications Commission (FCC), the TV exported to the U.S. market must be digital TV, and the TV over 13 inches must meet the technical specifications of the ATSC standard. As one of the supporting measures of ATSC standard, there are patents to protect the modulation and demodulation, signal compilation, digital interface and so on. In order to meet the ATSC standard, the export products must obtain license and pay royalties for the patents involved. In order to meet the ATSC standard, Chinese color TV enterprises export digital TV to the United States, each of which has to pay a cumulative patent license fee of 20-30 US dollars to Thomson, Sony, LG and other multinational enterprises.[17]

Therefore, with the rapid development of knowledge economy, the standardization of intellectual property rights has become a global competition.

The important means of competition and the important chips for enterprises to seize the commanding heights of future development and enhance their core competitiveness. In a word, the right to formulate standards is in the hands of the person whose technology will become the dominant standard and the person who will control the market initiative. Moreover, with the development of science and technology and the acceleration of trade liberalization, international economic competition has shifted from the traditional pure dependence on capital, equipment, cheap labor and raw materials to the competition of high and new technology, and the combination of core technology and standards, so as to grasp the commanding height of global competition, which is also the highest form of scientific and technological competition at this stage. As some scholars have said, third-class enterprises sell coolie, second-class enterprises sell products, first-class enterprises sell patents, and super first-class enterprises sell standards[18]

It can be seen that standardization plays an important role in the competition of modern enterprises. In order to grasp the initiative and the right to win in the global economic competition, many countries have set up various technical trade measures with high and new technology as the leader and standards as the basis, combined with the corresponding technical regulations and the assessment procedures of market access, and regard the competition and control of global technical standards as the international economic and technological competition. The core strategy. We should make full use of technology, especially the combination of patented technology and standards, and establish strict conditions for market access, so as to establish the right to speak in the international economic competition.

Because almost all the high-tech standards of our country are in the hands of the western developed countries, they are influenced by him.

Our restriction and control have seriously affected our high-tech products entering the market of western countries. For example, Fujitsu's patent applications in China are mainly invention patents, 97.3% of which are owned by Japan's headquarters, and are mainly distributed in the main fields of integrated circuit, communication, flat panel display, storage, automotive electronics, etc. Especially in recent years, aiming at the development of China's automobile industry, the company has accelerated the layout of relevant technologies in the field of automobile electronics.

In intelligent transportation, vehicle electronics, body control, automotive semiconductor devices, sensors, CAD computer aided

There are invention patents in the field of assistant design. However, in China's automobile industry, especially in the automotive electronics industry, the number of applications for invention patents is far from it. For example, in the development of 3G mobile phone license (TD-CDMA standard) in China, as early as August 2018, Qualcomm has applied for 1609 patents in China, including 526 applications in part H (involving mobile communication related fields), accounting for 82.6% of all patents. In China's TD-CDMA standard, several key technology areas, such as power control part, soft switching technology and so on, are bound to involve Qualcomm's patents. If these patents can not be licensed by the oblige, then the standards formulated are empty and can not be implemented. Even with the permission of the oblige, the executor and user of relevant standards shall pay royalties to the oblige. [19]

Therefore, technology standardization has become a new trade barrier for international economy and technology after tariff and quota barriers. Mr. Feng Xiaoqing once pointed out that under the background of economic globalization and trade liberalization, it is an increasingly important strategy for developed countries to establish their own technical standards with patent technology as the backing. With the development of high and new technology, the demand for international standards is also growing. The internationalization of standards has become an important international trend, and patents have become a means of technical barriers to trade in the form of standards. At the same time, technical standards have a direct relationship with the development of specific industries. They usually correspond to the technical routes and technical communities of an industry, and have a final decisive role in the development direction of enterprise products. This particular makes it have an extraordinary ability to control and influence the market, and become a barrier and attack for market access, and a killer for crowding out other competitors.[20]


[1][2]Zheng Chengsi: Intellectual Property Rights - Applied Law and basic theory, people's publishing house, 2005 edition, page 424.

[3] Han Xue,Zhi: Technical standards and intellectual property system, published on page 55, issue 8, special economic zone, 2008.

[4] Zhang Ping, Ma Xiao, "The relationship between technical standards and intellectual property - the second special topic of enterprise technical standards and intellectual property strategy [J / OL]. Ht://article.china law ASP?Articled=27642, 2005-10-20.

[5]Adam Smith. From Li Su,Wen, knowledge economy: a new economic form in the 21st century, social sciences literature press, 1998 edition, page 197

[6] Course of intellectual property law, edited by Zheng Chengsi, Law Press, 1993 edition, page 1.

[7] David S. Clark, Tugrul An say: introduction t the laws of the United States (2nd Edition). P226.

[8] Tina Hart & Linda fazzani, intelligent property law, 2nd Edition, P2.

[9][10] MA Zhong Fa: "the relationship between standards and intellectual property and its application in enterprise strategy", published on page 37 and 38, issue 1, intellectual property 2007.

[11] Ma Zhongfa: "the relationship between standards and intellectual property and its application in enterprise strategy", published on page 37-39, issue 1, intellectual property 2007.

[12] See Zhang Ping and Ma Xiao, standardization and intellectual property strategy, intellectual property press, 2005 edition, page 16-17.

[13]see article 7 of TRIPS Agreement.

[14]see Sanders: the purpose and principle of standardization, China Institute of science and technology information, 1974 edition, page 7.

[15]See: disc player sued 3C Alliance for breaking through the shackles of DVD patent, content.dill? Id=43 116.

[16]MA Zhongfa: "the relationship between standards and intellectual property and its application in enterprise strategy", published on page 39, issue 1, intellectual property 2007.

[17]Si Haiyan: "response measures for intellectual property in standard formulation", published on page 25, issue 4, intellectual property 2007.

[18]Li Jian and an Baisheng: "standardized intellectual property rights and antitrust", China Economic Education and research network, 71776.doc.

[19]Si Haiyan: "countermeasures for intellectual property rights in standard formulation", published on page 25, issue 4, 2007.

[20]Feng Xiaoqing: enterprise intellectual property strategy, 2006 edition, page 162.

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