高技术产业团体标准专利许可信息隐匿及政府对策

摘要

The setting of social organization standards would benefit to stimulate the vitality of market players,increase the effective supply of standards as well as improve the competitiveness of products.While when these standards are implemented into high-technology industries,opportunism behaviors of information hiding always take place as patentees of social organization standards grant patents to outsiders.According to the characteristics of patents in the patent pools of social organization standards,it explores the information concealment problems in patent license of this kind of standards in high-technology industry and studies the underlying reasons.Meantime,through cases study and based upon summarizing and comparing the regulation measures taken respectively by domestic and international governments towards the issue of information hiding in patents licensing within social organization standardization in high-technology industries,related suggestions are put forward focusing on Chinese government policies.The aim of this paper is to propel fostering and developing social organization standards in high-technology industries in China as well as to enhance the competitive edge of Chinese high-technology industries so as to achieve a better-quality,more efficient,upgraded economy.%团体标准制定有助于激发市场主体活力,增加标准有效供给,提升产品竞争力.然而,在高技术产业团体标准使用中,团体标准的专利权人在对外许可专利时往往存在信息隐匿的机会主义行为.根据高技术产业团体标准专利池的专利特点,分析了高技术产业团体标准专利许可的信息隐匿问题,探究了问题存在的原因.同时通过案例研究,在总结与对比国内外对高技术产业团体标准专利许可信息隐匿监管的基础上,进一步针对中国提出政策建议,以期推进中国高技术产业团体标准的培育与发展,提升高技术产业竞争力,实现经济提质增效.