1, which draws a line for the process level. As long as this line is not reached, it is an unqualified production process;
2. The technology in the technical bid is complete. If this standard containing a certain technical scheme cannot be reached. In reality, we have many misunderstandings about the standard global technology licensing strategy-many people think that licensing itself is only a standard license, and some people think that as long as standards are established, we can enjoy the fruits of technology licensing. As we all know, the global technology licensing strategy of modern technical standards is a systematic project of intellectual property strategy and a management problem. Before the establishment of the standards, the management and planning of intellectual property rights have been involved. The global technology licensing strategy of modern technology standards follows the idea of "technology patenting-patent standardization-standard licensing".
This concept runs through the global technology licensing strategy, and at the same time, this concept is implemented with high-level intellectual property strategic management. Because from the initial stage of establishing standards, it will involve the strategic management of intellectual property rights, and the first task is to apply for patents, because patented technology is the basis of implementing licensing strategy for technical standards, and the publication of technical standards often leads to the disclosure of information, which makes some technologies no longer conform to the relevant provisions of the patent law, thus losing the possibility of obtaining patents, which greatly reduces the external licensing ability of standards. Secondly, these patented technologies should be incorporated into the standards in the stage of technical standardization, and the technology licensing framework of this standard system should be built while the standards are being built. Finally, implement global technology licensing after establishing standards. At each stage, according to different standards, there will be different operations, so many intellectual property strategies are embodied.
Classification of technical standards:
Technical standards can be divided into statutory standards and factual standards.
Statutory standards refer to standards formulated by government standardization organizations or standardization organizations authorized by the government. Fact standard is a standard formulated by a single enterprise or a few enterprises with monopoly position.
Fact standards can be divided into two categories: one is a unified or single product standard formed by enterprises according to their market advantages, and the most typical one is the combination of Microsoft's Windows operating system and Intel's microprocessor, which American scholars call "WinTel fact standard". Similarly, there are VHS home video recorder of JVC company and Betamax home video recorder standard of Sony company in history.
The other is a standard jointly formulated by several enterprises, such as DVD player standard. As a legal standard, it generally emphasizes openness, universality, consistency and systematicness. Early standardization organizations avoided introducing intellectual property rights into standards as much as possible, and adopted technologies that did not involve intellectual property rights as much as possible to make their standards easy to popularize after promulgation. For the inevitably involved intellectual property rights (such as patented technology), the obligee is required to publicly promise to give up his rights or at least make a guarantee to reasonably permit others to implement them, otherwise it will not be considered for inclusion in the relevant standards. However, as a factual standard, it is different from the statutory standard. In fact standards, there are often many intellectual property rights, especially those owned by the makers of fact standards. When implementing these standards, it is difficult to avoid the constraints of these intellectual property rights.
Facing the practical problems brought by the combination of technical standards and intellectual property protection, the most fundamental solution is to increase investment in R&D and innovation, strive to have the core technology of independent intellectual property rights, and on this basis, formulate their own technical standards, become bigger and stronger, and gradually form de facto industry standards, even national standards and international standards. For example, China, the representative of Datang Telecom, proposed the TD-SCDMA standard, which was accepted by ITU and became one of the three mainstream 3G standards in the world. The premise of standard setting is technical strength. Without strong development strength and technological innovation strength, it is difficult to participate in the formulation of standards. The complexity and risk of high-tech make it difficult for an enterprise or even a country to develop and own all the core technologies related to a standard. The fundamental purpose of setting standards is not to monopolize a standard, but to strive for a place in a standard.
This right of participation depends on the intellectual property rights of core technologies owned in the standard, mainly patented technologies. The standards formulated by enterprises are difficult to form de facto industry standards. Let alone form an international standard. This is difficult for most domestic enterprises to do. The purpose of raising this issue here is to urge all sectors of society to establish a sense of attaching importance to the combination of intellectual property rights and technical standards. Enterprises should have this awareness when formulating their own enterprise standards, and industries should also have this awareness when formulating their own industry standards. A country should be more aware of this when formulating its own national standards.