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具有公益性的标准与具有独占性的专利存在着冲突,在以高科技为支撑的21世纪,大量的专利被纳入技术标准已经成为一个不可抵挡的趋势。基于不同目标的国家、企业都追求或是鼓励专利与技术标准的结合。在这种结合之中,一方面衍生出巨大的社会效益和经济效益,一方面会在标准制定和实施中产生许多限制竞争的问题。事实上,已经有许多相关案例发生在欧美等技术和技术标准制定均比较发达的地区和国家。
There is a conflict between the non-profit standard and the exclusive patent. In the 21st century supported by high-tech, a large number of patents have been incorporated into the technical standard and become an irresistible trend. Based on different goals of the country, companies are pursuing or encouraging the combination of patents and technical standards. In this combination, on the one hand, great social and economic benefits are derived, and on the one hand, there will be many problems that limit competition in the formulation and implementation of standards. In fact, many relevant cases have occurred in Europe and the United States and other technical and technical standards are more developed regions and countries.