DOCUMENT #:
GSC15-IPR-06
FOR:
Presentation
SOURCE:
CCSA
AGENDA ITEM:
6
CONTACT(S):
Zhaosz@ccsa.org.cn
Situations of Communications
Standards and IPR in China
Shizhuo Zhao
CCSA
Global Standards Collaboration (GSC)
GSC-15
Guidelines for Presentation
 General Information on Communications Industry
and Standards;
 Information on Patents Involved in
Communications Standards;
 Challenges and Direction
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General Information on Communication
Industry and Standards (1/3)
 The communication industry has such characteristics as a large
amount of high and new technologies, high starting point, long
industrial chain, strong permeability, and obvious effect as a guidance.
The development of communication industry greatly promoted the
development of state economy and social progress, becomes the
hametz to economic growth, transforming agent to development mode,
and lubricant to industrial production.
 Telephone users totaled 1.11 Billion. Fixed line users reached 306
million and mobile users reached 805 million. The penetration rate was
80 terminals per 100 persons.
 The Internet users reached 420 million, increased by 36 million. The
penetration rate was 31.8%. Mobile Internet Users reached 277 million.
（By the end of June 2010）
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General Information on Communication
Industry and Standards (2/3)
 There are around 22000 ISPs and ICPs, in which, 1932
enterprises with trans-regional business.（By the end of
2009）
 The communication manufacturing industry strengthens
the investment along with the 3G license releasing and
service growth, which expanded domestic demand and
increased the export simultaneously. in the first quarter of
2010:

— the Sales Value of communication manufacturing
industry reached 193 billion yuan increased by 33%

— and the export delivery value reached 100 million
yuan, increased by 2.4%. （By the end of March 2010）
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General Information on Communication
Industry and Standards (3/3)
 More than 1400 National Standards and Industry Standards were
published, including 3G mobile communication, future network,
transport network, Internet, broadband access, information and
network security, emergency communication, information accessibility,
EMC，energy-saving and ejection-decreasing, network management
and so on. （By the end of July 2010）
 These standards have played very important supporting role in the
period of high speed and stable development of communication
industry in China, as well as the introduction of new technologies and
opening of services. These standards supported the government for
supervision, serviced the society and consumers, and met the needs of
rapid development of China's communication industry.
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Information on Patents Involved in
Communication Standards (1/4)
 According to the WIPO’s Stats, 155.9 thousand patents applications
were received in 2009, among which, 7946 patents applications were
from China, ranked the fifth in the world, upgrading 1 over the previous
year. And quantity grows quickly, particularly in the ICT field. The
quantities of PCT patents applications from Huawei, ZTE, Datang and
Tecent ranked the world top 200.
 In 2009, the amount of Patent applications in communications field
were 19005, among which, there are 15283 invention patents
occupying 80.4% and 3722 patents of utility model. The total amount
decreased comparing with that of 2008 but the proportion of invention
patents increased by 3%.
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Information on Patents Involved in
Communication Standards (2/4)
 The hot technologies in communication industry
were mainly focused on WiMAX, OFDM, MIMO,
MBMS, HSDPA and HSUPA and other mobile
communication technologies, and HARQ as well.
 Patent applications from China were mainly
focused on base stations, mobile devices for users,
Transmission power control for mobile
communication system, channel selection and
allocation, cell research, call setup and control,
coverage of mobile service area, roaming, etc.
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Information on Patents Involved in
Communication Standards (3/4)
 Quite a number of standards organizations developed IPR
policies in order to treat the IPR issues in standards, and to
achieve balance between patent holders and standard
users. The IPR policies would be modified according to the
development.
 China Communications Standards Association Intellectual
Property Rights Policy (for trial implementation) was issued
in December, 2007 (Chinese and English versions). There
are 13 Articles and 1400 characters totally among which
there are 940 characters in the main text.
 The policy stipulated the principle of introduction of IPR in
standards, patent disclosure, patent permission and
copyright, and patent transfer, etc. with a Patent Licensing
Declaration form (General) and a Patent Information
Disclosure and Licensing Declaration form.
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Information on Patents Involved in
Communication Standards (4/4)




IPR issues involved in standards have been basically
dealt with by CCSA IPR Policy since its implementation.
License way: the licenses of patents of invention mostly
followed the principle of RAND and that of patents of
utility model are mostly for free.
Disclosure time: The enterprises were active to disclose
IPR information. Usually the IPR information could be
disclosed before the draft standards for review and be
publicly declared and discussed in the WGs.
Detailed rules for implementation and database are under
development.
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Next Steps/Actions
 To develop national, industrial, and SDO’s policies and regulations in
dimensions and scope, which conforms to both international rules and
Chinese characteristics.
 To fully understanding the pros and cons of patents involved in
standards and to balance the interests of patents holders and
standards users, trying to protect innovation and break the monopoly.
 The Standards organizations should introduce the treatment of the
patent issues in standards to normal procedure of standards
development, so as to make the patents issues clear, to give full play to
non-governmental organizations and to reduce the business risk of the
enterprises.
 The enterprises need to study or carry out training on policies,
procedures, way, methods and talents of patents issues in standards,
to perfect and integrate all kinds of information resources including
standards, patents, patents in standards WTO/TBT database,
information analysis and early warning, etc.
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Thanks for your attention!
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