Study of Legislation on Inclusion of Patents in Chinese Standards

Abstract

This paper analyzes the relevant laws and regulations on patent involved in standard in China which including: the published by National Standardization Administration of China (hereinafter referred to as SAC) and the State Intellectual Property Office of China (hereinafter referred to as SIPO), published by State Administration for Industry and Commerce of China (hereinafter referred to as SAIC)and published by Supreme People's court of China (hereinafter referred to as SPC). And there are also some regulations that are still under being developed which including: by SIPO, drafted by National Development and Reform Commission (hereinafter referred to as NDRC), Ministry of Commerce of People's Republic of China (hereinafter referred to as MOFCOM), SAIC and SIPO. This paper analyzes these regulations, discusses the roles and the problems may exist and points out that it is not only to highlight the laws and regulations targeted but also to strengthen the coordination and unity between them in order to deal with the issue of patent involved in standard.