Competition over technical standards, future industrial development, and national strategic competition
技术标准竞争、未来产业发展与国家战略博弈
Keywords:
Standard-essential patents (SEP) global license rate, Industrial security and state intervention, Technology trade rules and governance, Judicial regulation of SEP licensing in ChinaAbstract
With the development of future technology and the expansion of emerging markets, some countries, from the perspective of safeguarding industrial security and national interests, use their state power to intervene in technical standards activities. Which triggers the adversarial judgment of SEP license rate globally, interferes with the expectation of technological innovation and market business environment, and has an obstructive effect on technology diffusion and industrial development. In order to better adapt to the changes of state bargaining environment caused by the SEP global license rate issues, China should make greater efforts to participate in the construction of technology trade market rules and order, and support Chinese enterprises to gradually seize the initiative of global technical standard pricing mechanism: At the judicial level, the bottom line of industrial safety should be set, anti-restriction measures should be implemented actively and prudently, and judicial license rate adjudication rules should be formulated in line with the innovation characteristics of national conditions. anchoring function of national patent examination agencies. At the level of international governance, a new order of regional jurisdiction should be made based on bilateral and multilateral economic and trade relations. Moreover, China should participate in the design and improvement of the procedural provisions of international conventions on jurisdiction. Then build a global public governance framework which puts the market first, supplies with administrative guidance, ensures there is a judicial cushion in need and emphasizes international coordination.
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