1. Study on the Patent Involved in National Standards China National Institute of Standardization September, 2009

2. Contents Monographic Study 1 GB/T Disposing Rules on Patent Related National Standards 2 Provisional Rules on Patent Related National Standards 3

3. 1 ｛ Study on the IP Key Issues Involved in Standards No.17th Special Topic of National Intellectual Property Strategy Monographic Study

4. No.17th Special Topic of National IP Strategy In January, 2005, State Council established the leading group of implementation works on National Intellectual Property Strategy, Wu Yi, Vice Premier of State Council was named as the group leader, General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and other 28 departments and units participated in the group as the member.

5. No.17th Special Topic of National IP Strategy Topic Name: Study on the IP Issues Related to Standards Sponsor : General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China Group Leader: Pu Changcheng, Vice Director of General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China –Development and Reform Commission –Ministry of Industry and Information Technology of the People’s Republic of China –Ministry of Commerce of the People’s Republic of China –Ministry of Science and Technology of the People’s Republic of China –Ministry of Environmental Protection of the People’s Republic of China –State Forestry Administration, P. R. China –State Food and Drug Administration –State Intellectual Property Office of the People’s Republic of China

6. No.17th Special Topic of National IP Strategy Topic Name: Study on the IP Issues Involved in Standards Time: October,2005 to July, 2006 Main Contents: –The relationship between standards and intellectual property –The international status study and trend analysis –The domestic status quo and existing problems –Study on the IP issues involved in standards in information industry field –The prevention of abuse of intellectual property rights when using the standards –The standards issues in geographical Indications protection

7. No.17th Special Topic of National IP Strategy On June 5th, 2008, the State Council officially Outline of the National Intellectual Property Strategy http://www.dffy.com/sifashijian/ziliao/200806/20080623082344.htm Article(11) provides: –Pursuant to obtain the intellectual property rights as the goal –Make efforts to shape the technical standards as the direction Article(12) provides: –Select several key technology fields –Shape a group of core independent intellectual property rights –and technical standards Article(17) provides: –Draft and perfect the policies related to standards –Normalize the patent into standard norms

8. Study on the IP Key Issues Involved in Standards Study on the impact of standards containing the Intellectual property rights to international and domestic trade and its countermeasures Study on the key issues of standards involved in intellectual property rights in the industrialization process Study on the issues of patent pool related to standards Study on the prevention of abuse of intellectual property rights caused by the use of standards Study on the intellectual property policies and management models involved in standards at different levels in China

9. Study on the IP Key Issues Involved in Standards Study on the impact of standards containing the Intellectual property rights to international and domestic trade and its countermeasures –Patent barriers in technical standards –Trade mark barriers in technical standards –Copyright barriers in technical standards Study on the key issues of standards relating to intellectual property rights in the industrialization process –To put the higher educational institutions and scientific research institutes as the pilot –To put the government as the guidance –To put the enterprises as the mainstay

10. Study on the IP Key Issues Involved in Standards Study on the issues of patent pool related to standards –The legal status of patent pool related to standards –Analyzing the similarities and differences of patent pools related to China standards and foreign standards –The anti-monopoly review suggestions on patent pool Study on the prevention of abuse of intellectual property rights caused by the use of standards –Study on the abuse of intellectual property rights related to International and domestic standards Study on the intellectual property policies and management models involved in standards at different levels in China –The principles and procedures of dealing with the related intellectual property issues in China's national standards, industry standards, local standards and enterprise standards –Construct the corresponding management models

11. 2 Provisional Rules on Patent Related National Standards

12. Interim Provisions (Exposure Draft) Content Overview –20 Articles, 6 Chapters in total –Chapter I: Profile; Chapter VI: Appendices –Chapter II: The disclosure of patent information –Chapter III: Acquiring and statement of a patent license –Chapter IV: The handling method of patent involved in a mandatory national standard –Chapter V: The legal responsibility when violating the relevant provisions

13. Patent information collection Patent disclosure Report, release, implementation Termination patent licensing Alteration Rejection Permit Discovering new patent Prior to reporting After being permitted into standards Patent related to standards

14. Core Contents Disclosure and publication –publication through the way the public are familiar with Patent disposal –Free –Reasonable, non-discriminatory –The above two ways are not allowed The disposition of discovering the patent after being released –Timely getting the patent license statement made by the patentee disposition of the patent related to mandatory standards –If it is necessary to refer to the patent, free licenses shall be given by the patentee or the patent shall be disposed through the negotiation between the patentee and the relevant authorities

15. Significance Properly handling the patent issues involved in national standards Standardizing the formulation and revision of national standards, encouraging the independent innovation, and promoting the national standards to reasonably adopt new technologies Protecting the public interests and the interests of the patent holders and the relevant rights holders Ensuring the effective implementation of national standards

16. 3 GB/T Disposing Rules on Patent Related National Standards

17. Scope Provides the disposition requirements and procedures of the related patent issues in the implementation and revision process of national standards. Applicable to the implementation and revision of national standards, the industry standards and local standards can be implemented by reference. According to Patent Law of the People’s Republic of China, patent refers to the ones, which are granted the patent rights and have not yet been terminated, and the ones, which the patent application has been accepted.

18. Disposition Requirements 1 disclosure –All participators, involved in setting standards, shall disclose any information on any known or potential patent National Professional Standardization Techniques Commission or departments in charge from the very beginning of setting up the project. –Any disclosure information, patent information lists, and the relevant certification materials shall be submitted or sent by post to the relevant National Professional Standardization Techniques Commission or departments in charge. The granted patent certification materials shall be considered as the copy patent register book, and the accepted patent application certification materials shall be considered as the patent application notification.

19. Disposition Requirements 2 The publication of patent information –National Standardization Technical Committees or departments in charge should publish the involved patent information through the way the public are familiar with. –The applicable publication ways include the website of national standardization administrative departments, the website of National Professional Standardization Techniques Commission or the national-level journals. –The published information shall include the text of the standard stage, the known patent lists and the contacts of National Professional Standardization Techniques Commission or departments in charge.

20. Disposition Requirements 3 Patent licensing statement –The patent holder shall choose the way of patent licensing in writing, including: (a) The patent holder has the right to allow any applicant to use the patent free on a reasonable non-discriminatory basis ; (b) The patent holder has the right to allow any applicant to use the patent on a reasonable non-discriminatory basis, but the amount paid should be significantly lower than the normal license fee; (b) The patent holder has the right to refuse the above two ways to allow any applicant to use the patent.

21. Disposition Requirements 4 The meeting requirements –During the process of setting up standards, in each meeting, Professional Standardization Technical Committee shall ask the patent issues involved in standards drafts, and make the results recorded in the minutes.

22. Disposition Requirements 5 Documentation requirements –Patent information table –Patent lists –Patent license statement table –In accordance with the requirements of GB / T 1.1, the indications of relevant patent information shall be given

23. Disposition Procedures Pre-stage Project-setting up stage Drafting stage Advice-taking stage Review stage Approval stage Publication stage Reexamination stage Abolition stage

24. Thanks! Wangyy@cnis.gov.cn Sub-institute of Standardization Theory and Strategy CNIS Tel(Fax):010-58811692 Address ： No.4, Zhichun Road, Haidian District, Beijing, China 100088