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Click to edit the title text format,Click to edit the outline text format,Second Outline Level,Third Outline Level,Fourth Outline Level,Fifth Outline Level,Sixth Outline Level,Seventh Outline Level,Eighth Outline Level,Ninth Outline Level,18/04/2007,Zhang Ping,1,Click to edit the title text format,*,Click to edit the outline text format,Second Outline Level,Third Outline Level,Fourth Outline Level,Fifth Outline Level,Sixth Outline Level,Seventh Outline Level,Eighth Outline Level,Ninth Outline Level,专利池与公共利益,Patent Pool and Public Interest,以飞利浦专利无效案为视角,Taking Philips patent right invalidation case as an example,张 平,By Zhanping,北京大学法学院知识产权学院,Intellectual Property Institute of Beijing University Law School,2007年4月18日,April 18th,2007,专利池与公共利益Patent Pool and Publi,1,Part I The trend of Global Enterprises Patent Strategy,Technology Patenting,Patent Standardization,Standard Globalization,Market controlled,by patent holder;,Monoplied by a few,large enterprises,Deficient of common,parts and its,negative influence on innovation,Monoply price,Limit competition,More co-existing standards,are harmful to,consumers,Product price increased,as the result of,higher operating cost of,standard,Problems,Part I The trend of Global En,2,The birth and evolution of the patent pool,Fierce fight over patent applications,Sharp Increase of Patent Authorization,Prominent Overlap between patent rights,The complex dependent relationships between patent operation,Substantial increase in operating cost of patents,Formation of Patent Thicket,“Explosion”of Patent Suits,The industrial development is increasingly controlled by many decentralized and independent patent rights,which makes the patented technology not be utilized fully and efficiently.Therefore,the patent pool is born.,The birth and evolution of the,3,The Concept of Patent Pool,Patent Pool:,a kind of patent association in its essence.It indicates that two or more patent holders give license to each other or the third party,granting one or more of their patents upon consultation.In the typical patent pool,all patents included are open to all parties involved.To the third party outside the patent pool agreement,it usually provides the licensing contracts of standards.License fees obtained from patent pool is distributed to its members in accordance with predetermined way.,The Concept of Patent PoolPate,4,Patent Pool&Technical Standards,Setting up patent pool is often based on special technical standards:,-Essential Patents Pool in DVB standard of,Europe Union,-Essential Patents Platform in 3G standard,-Essential Patent Portfolio in MPEG-2,standard,-3C and 6C patent pooling in DVD standard,Patent Pool&Technical Standa,5,General problems during developing patent pool,Evaluation procedure of necessary patent and material condition questioning:evaluation expert,Uncertainty of patent disclosure:internal patent and external potential patent,Unclear necessary patent:credibility of patent holder,Bundled license:Suspicion of unnecessary patent tying,Too many traps in the calculation of licensing fees:questioning its scientific content,Unfair grant-back clause:exclusive grant-back in technical improvement,non-questioning clauses of right:conceal invalid patent,Solutions to dispute jurisdiction:strong bargaining position,Limit competition,hinder innovation,industrial development problem,General problems during develo,6,Part II Causes of Invalidating Philips Chinese Patent,1.Think about the problems that exist in the patent pool.,2.Challenge the credibility of patent holder.,3.Experience in researching good operation of IP system,4.Concerns about the mainland enterprises in the,awareness and application of patent,5.Constructive considerations on national anti-trust,legislation and industrial interest,6.Attempt to combine academic research of IP and social,demand,Part II Causes of Inva,7,Part II Causes of Invalidating Philips Chinese Patent,1.Patent invalidation of City bank,which simmered in 2003,2.Argumentation of digital camera patent in 2003,.,Will digital camera follow in the footsteps of DVD?,3.Global legitimation of DVD patent began in 2005.,4.Subsequently,Dongjin case,Dongzheng case,Dongqiang case,5.decide to take 3C patent as the contact point,6.Invalidate Chinese patent CN95192413.3,i.e.Transmitting and receiving method of code data,and its transmitter and receiver.,Part II Causes of Invalidati,8,Part II Causes of Invalidating Philips Chinese Patent,Grounds to be defined as request of nonprofit patent invalidation：,First of all,it is hoped that this case can promote the national legal construction in the aspect of IP anti-trust through the analysis of limited competition and innovation hindrance in the patent pooling license.Intellectual property must be operated under the regulation of Antitrust Law,which is the worldwide experience.However,there are still institutional drawbacks in the aspect of IP antitrust.,Standard is public product,but intellectual property is private right.,Stand
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