Study on Disposal of Patents in Standards in China

The European Commission published COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE-Setting out the EU approach to Standard Essential Patents' in November 29, 2017. This paper analyzes the main practices of the European Commission to deal with SEPs, including increasing transparency of SEPs exposure, the general principle for FRANDA licensing terms for SEPs and a predictable enforcement environment for SEPs. According to the situation of China's SEPs disposal rules, this pater put forward that we should increase the research on the SEPs problem, and make regulations in accordance with the characteristics of our country's standard system while promoting the integration of our rules and international standards. The specific proposals include: improving our SEPs policy of Measures of Patents Involved in national standards and its implementation rules, perfecting and opening our SEPs database, promoting standards and patent departments to solve SPEs problems, conducting SPEs review and adopting a more rapid and effective implementation scheme for SEPs licensing.