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The Comparison and Commentaries on Regulations on the Administration of Setting and Revision of the National Standard Involving Patent (Interim) (Exposure Draft) (2009 Nov.) and Regulations on Nationa

  
  e. Disclosure obligation: as to the accepted application for patent, its disposal shall refer to the provisions of Chapter Ⅱ and Chapter Ⅲ. (i.e., there is a disclosure obligation for patent involved in standard during the stage of application for patent)

  
  Moreover, "The implementation of the disclosure of patent information and the licensing statement of patent rights shall be carried out as stipulated by the Rules for Disposal of the Patents Involved in National Standards" provided by Article 17 of Version 2009 will not be commented in this article for we didn’t find the referred Rules for Disposal of the Patents Involved in National Standards thereof.

  
  7.Newly Adding the Legal Liabilities of Violating the Disclosure Obligation

  
  Article 8 of Version 2009 provides that “That patentees and their affiliates participating in the drafting of the standards fail to disclose in accordance with the above requirements shall be regarded as licensing for free and where they conceal the patent information, which bring losses to the setting and implementation of the national standards, they shall bear corresponding legal liabilities”.

  
  8.Regulating the Scope of Choosing Terms of Licensing of Patent Involved in Standard and the Limitation on Royalty

  
  Article 9 of Version 2009 provides that “such statements shall include following contents from which the patentees shall choose one item,

  
  (1)   the patentee agrees to, on the basis of reasonableness and non-discrimination, license to any organization or individual for free to implement the patent when implementing the national standard simultaneously;

  
  (2)   the patentee agrees to, on the basis of reasonableness and non-discrimination, license to any organization or individual for free to implement the patent, provided, however, that the amount of royalty shall be considerably low compared with the normal;


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