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 YiyiSub-institute of standardization theory and strategy, CNIS

•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?

Feature of the china’s standard system

• 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

From government

Policies of SDOs

•To encourage innovation•To coordinate/balance the interest of

patent holders and implementers of national standards

•To make the standardization system adapt to market

Purpose of the legal framework

Legal Framework

•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 and GB/T

•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?

Interim Provisions

•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?

GB/T

Implementation

• Independent IPR of China• Mandatory national standards• 36 patents• Free of charge• Promoting the development of

China's TV industry

Digital TelevisionDigital Television1 2 3 Mobile TelevisionMobile Television AVSAVS

• Independent IPR of China• Voluntary national standards• On non-discriminatory basis

and reasonable terms and conditions

• Promoting the development of China's telecommunications industry

• 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！Wangyy@cnis.gov.cn

Sub-institute of Standardization Theory and Strategy ,CNISTel(Fax):010-58811659 Address ： No.4, Zhichun Road, Haidian District, Beijing, China 100088