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A Literature Review on Patent and Technical Standard Research: From Conflict, Fusion to Strategic Use |
LIU Shan,ZHUANG Yuqing |
1. Zhejiang University of Technology, Hangzhou, China; 2. Huazhong University of Science and Technology, Wuhan, China |
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Abstract This article reviews domestic and international literature of patents and technical standard during last twenty years. It systematically summarizes research achievements on reasons, solutions and prevention methods of conflicts between patent and technical standard, the interaction modes between patent and technical standard, and the strategic use of patent in technical standards. It also sorts out key theories and opinions of research frontier, makes some comments, and puts forward some suggestions for future research directions. For next step, it suggest to use economics or management theories and methods to conduct deep study on key issues such as, prevention mechanism of patent hold-up and royalty stacking, definition standard of FRAND licensing principle, calculation methods of FRAND licensing fee, etc; on empirical study field, it suggests to focus on patent strategic use in standard setting process of National Strategic Emerging Industries.
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Received: 02 November 2015
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