一、问题的提出在知识经济引领世界发展的客观环境下,拥有标准者得天下。技术标准和专利的结合越来越紧密,一旦专利权人或独占实施被许可人的某项专利被写入了该技术领域的标准里,并成为事实标准,则该专利权人或独占实施被许可人就很可能获得支配市场的力量,即垄断利益 First, the issue put forward In the knowledge economy led the development of the world’s objective environment, have the standard of the world. The combination of technical standards and patents is getting closer and closer. Once a patentee or a patent of the exclusive licensee has been written into the standard of the technical field and becomes the de facto standard, the patentee or exclusive application The licensor is likely to gain the power to dominate the market, ie to monopolize interests