Modern patent pools are the product of the combination of intellectual property rights and technical standards. This combination gives patent pools strong market power and increases the risk of abuse of intellectual property rights. Facing the challenges of foreign patent pools, we should address them from the following aspects.
1) China should step up efforts to establish an anti-monopoly mechanism to regulate patent pools
The "Anti-Monopoly Law" has been promulgated, and at the same time, the "Patent Law", "Patent Law Implementation Regulations" and related Clauses regulating patent pools should be added to the legal interpretation. In addition, we should learn from the experience of the United States, formulate corresponding administrative regulations and clarify relevant regulatory agencies, regulate the activities of patent pools in China, and change the current "lawless" status quo of foreign patent pools in China.
2) Strengthen coordination among relevant enterprises and between enterprises and the government
Practice has proved that if enterprises unite to negotiate patent rates and licensing terms with foreign patent pools, the effect is often It is much better than companies working alone. Therefore, the role of industry associations, business alliances and relevant government agencies should be actively brought into play. For example, the China Electronics and Audio Industry Association (CAIA) once represented Chinese DVD companies in DVD patent pool fee negotiations, and the Telecommunications Research Institute of the Ministry of Information Industry represented Chinese companies in patent pool fee negotiations for the third-generation mobile communications standard. Speaking with one voice will undoubtedly increase our power at the negotiating table.
3) Enterprises should strengthen independent innovation
Strive to make breakthroughs in the research and development of core technologies and obtain more independent intellectual property rights to enhance their voice in technical standards and patent pools right. Through independent innovation and mastering core technologies, you can bypass foreign patent pools or join patent pools to obtain cross-licenses. Only in this way can we completely change the current passive situation and fundamentally curb the abuse of intellectual property rights in foreign patent pools.