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 Yiyi Sub-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, 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, 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 ▫ Sep tember 7,2009, ( 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 Policies made by SDOs CCSACESIAVS…… National Standards(Guideline) Disposal Rules for the Inclusion of Patents in National Standards(AQSIQ and SAC) Departmental rules and regulations Interim Provision(AQSIQ or SAC) Law Patent lawStandardization lawAnti-monopoly law

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 Television Digital Television 1 23 Mobile Television Mobile TelevisionAVS 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 ！ Sub-institute of Standardization Theory and Strategy,CNIS Tel(Fax): Address ： No.4, Zhichun Road, Haidian District, Beijing, China