Transcript China’s Approach to Standards

China’s Approach to Standards-related
Intellectual Property Rights
Development – Legal Framework and
Implementation
“Standards and Innovation Policy in the Global Knowledge Economy”
workshop, October 2009
Wang Yiyi
Sub-institute of standardization theory and strategy,
CNIS
Feature of the china’s standard
system
• Government issues national standards
▫ AQSIQ, SAC
• Four-level standards
• Mandatory Standard
▫ Technical regulation
• TCs and GBs grow rapidly
• Innovation and standard development
How does standards-related IPR Develop?
From government
• State Council
▫ June 5, 2008 , < Outline of National Intellectual Property Strategy >
• Item 11
▫ IPR policies should be the guide of the technical innovation
activities
▫ The technical innovation activity is aimed to get IPRs and to
develop standards
• Item 12
▫ In some important fields
▫ Develop standard with independent IPRs
• Item 17
▫ Make standard-related policies
▫ Standardize related activities
From government
• MOST, together with the other 5 ministries
▫ June 2 , 2009 , < The Overall Implementation Plan of National
Technology Innovation Project >
• Main tasks: Item 1
▫ Promote stable cooperative relationship between enterprises,
universities and researches, joint efforts to tackle key
problems, develop standards, share intellectual property,
integrate resources to establish technological platform, in
order to realize industrialization of Innovation Achievements
From government
• SAC
▫ September 7,2009, < Strategic Outline of National Standardization>
( being developed)
• Strengthen the joint development of standardization and
economy
▫ Strengthen the guidance and protection role of standardization in the
scientific and technological innovation, industrial upgrading
▫ Improve the level of standards development through the scientific and
technological innovation, speed up industrialization of research
achievements through standards
• Strengthen the capacity to promote innovation by
standardization
Policies of SDOs
Purpose of the legal framework
• To encourage innovation
• To coordinate/balance the interest of patent
holders and implementers of national standards
• To make the standardization system adapt to
market
Legal Framework
Law
Patent law
Standardization law
Anti-monopoly law
Departmental rules and regulations
Interim Provision(AQSIQ or SAC)
National Standards(Guideline)
Disposal Rules for the Inclusion of Patents in National Standards(AQSIQ and SAC)
Policies made by SDOs
CCSA
CESI
AVS
……
Interim Provisions and GB/T
• They are all the specification about the inclusion
of patents in national standards
• The regulation is about principle, and the
standard is about specific requirements and
procedure
• The standard is cited by the regulation
• They should be promulgated simultaneously
Interim Provisions
• Content Overview
▫ 5 chapters, 22 items




Chapter 1: General rules
Chapter 2: Patent disclosure
Chapter 3: Patent statement and licensing
Chapter 4: Special requirements for mandatory national
standards
 Chapter 5: Supplementary
• The general rule is based on ISO/IEC/ITU IPR
Policy
Interim Provisions
• Key points of Special requirements for mandatory
national standards
▫ The mandatory national standard is not encourage to
include patents
▫ If patents is inevitable
 Free of charge
 Or, negotiate licenses by relevant departments and patent
holders(Government's compensation?). If they are not able to get
consensus, the national standard shall not be issued
 Or, compulsory licensing
▫ 30 days publicity before issued
What’s the scope of mandatory national
standards?
GB/T
• Disposal Rules for the Inclusion of Patents in
National Standards
▫ It is applicable to the development and revision of
national standards
▫ It is desirable that the industry standards and local
standards will use it as a reference for
implementation
▫ It tells:
 Who, when and How to do during the national standards making
procedure?
Implementation
1
•
•
•
•
•
Digital Television
Independent IPR of China
Mandatory national standards
36 patents
Free of charge
Promoting the development of
China's TV industry
2
Mobile Television
• Independent IPR of China
• Voluntary national standards
• On non-discriminatory basis
and reasonable terms and
conditions
• Promoting the development of
China's telecommunications
industry
3
AVS
• national standards from de
facto standards established by
the industry consortia
• Patent pool
• On non-discriminatory basis
and reasonable terms and
conditions
• Saving of licensing fees
Thank you！
[email protected]
Sub-institute of Standardization Theory and Strategy ,CNIS
Tel(Fax):010-58811659
Address：No.4, Zhichun Road, Haidian District, Beijing, China 100088