Abstract
There exist the close relationships between technology standards and patented technology licensing. Whether a technology standard contains a specific patented technology solution or not, there is always a patented technology licensing implied: patented technology licensing is a prerequisite for the existence and development of technology standards, and technology standards create a good many of potential chances for patented technology licensing. Furthermore, patentees achieve large-scale profits by means of licensing technologies through a standard mainly in form of a patent pool, which is realized by know-how licensing behind the patented technology licensing involved in the standard.
Highlights
There exist the close relationships between technology standards and patented technology licensing
One important function of the technology standards is to promote the technology diffusion, which can be implied from the following words: “the fine-tuning of this policy (It refers to the common patent policy in the process of setting a technology standard published by IEC, ISO and ITU.) to achieve exactly the right balance — ownership versus sharing of intellectual property — is no small achievement. In this way we enable international standards to be used to successfully disseminate innovation, with a clear set of guidelines regarding the disclosure of and commitment to license the use of patented technologies.”(Note 2) The world’s leading international standards organizations IEC (International Electro-technical Commission), ISO (International Organization for Standardization) and ITU (International Telecommunication Union), under the banner of the World Standards Cooperation (WSC), have aligned their policies which allow for commercial entities to contribute the fruits of their research and development (R&D) activity safe in the knowledge that their intellectual property rights are respected
A patent pool is a bridge for constructing relationship between technology standards and technology licensing, and the chief means by which the patent holders carry out the license through standards and achieve high and scale profits
Summary
A technology standard refers to the unified regulation of duplicated technical items in a due extent. The policy adopted by the three organizations on March 19th, 2007 strongly encourages the disclosure of patented technology which is necessary for the implementation of a standard before the standardization process has been completed It allows for companies’ innovative technology schemes to be included in standards as long as such intellectual property is made available on reasonable and non-discriminatory (RAND) terms. For the latter, it is a little difficult for us to get the reasons Speaking, for those standards including static indexes such as indicators or criterions, we may not need the patent holders to make the statement of agreeing to license, for the products or the services supplied by some manufacturers or service providers out of the standard’s participants or setters would meet the requirements of the standard without employment of the patented technology solutions related to a standard. The above-mentioned issues compose the juristic foundation for the global technology licensing strategy
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