知识产权、基本要素与技术标准化合作

技术标准是高技术等产业竞争与合作的基本要素；知识产权是技术标准化竞争与合作的基本要素；在技术标准化过程中，基本知识产权起着关键作用，决定标准化联盟及其结构．而主导企业的知识产权战略也影响重大。研究这些机理及其规律对于在我国发展自主知识产权，推动高技术产业的标准化合作，促进产业技术进步具有重要意义和深刻启示。     

GSM:技术标准化联盟的成功案例

GSM是欧洲第二代移动通信标准，它成功地成为在全世界占主导地位的移动通信标准。GSM的成功有两个方面的原因，一是欧盟的统一标准化政策；二是技术标准扩散过程中技术标准化联盟的形成。技术标准化联盟是当代信息技术发展中的一种较普遍现象。GSM是技术标准化联盟成功的一个典型案例。该案例引发了我们对技术标准化中的知识产权保护、技术标准化联盟以及技术创新等问题的深入思考，这些问题对于中国的电信业改革与发展具有重要的现实意义。     

The limits to IPR standardization policies as evidenced by strategic patenting in UMTS

The impact of patents and patent royalties are a major concern of standards setting organizations. This study examines the patents filed in the standardization of UMTS, the third-generation mobile phone technology developed under sponsorship of the European Telecommunications Standards Institute (ETSI) and others, using a patent policy developed in response to issues faced in the earlier GSM (née Group Special Mobile) standardization. After contrasting firm strategies and policy effectiveness between the GSM and UMTS efforts, the paper reviews the potential impact of potential changes to the ETSI IPR (intellectual property rights) policy.     

Tackling the paradox: can attaining global research excellence be compatible with local technology development?

This paper uses the case of the IMEC (microelectronics research centre) to examine the compatibility between strategic IPR management of large independent research centres, and regional industrial policy missions given to such centres in return for government funding. In particular, the issue of whether a balance can be found between a necessary drive for international recognition and critical mass of funding, and a policy of IPR valorization towards regional firms is examined.
The first section sets out the mission of IMEC and the evolution over time of its strategic approach to building global industrial partnerships based on a sophisticated model of IPR management. Drawing on a recent evaluation, the subject of the second section is the extent to which the results of the industrial and exploratory research activities of IMEC are then commercialized in local Flemish industry.
The concluding section offers policy conclusions in terms of the instruments and objectives which public policy makers can apply to maximize the local impact of large globally operating research centres.     

Right person in the right place: How the host country IPR influences the distribution of inventors in offshore R&D projects of multinational enterprises

Research summary : Prior work has shown that the strength of the intellectual property regime (IPR) in a host country influences offshore R&D to that country. Building on this work we propose that the strength of the IPR in a host country differentially influences the threat of knowledge leakage on projects that are produced for the location where the multinational firm is headquartered (home) versus the offshore location to which the R&D project is sent (host). We argue and show that when the host location has a weak IPR, fewer host inventors are involved in host R&D projects when compared to home R&D projects. We test our hypotheses using a dataset of patents held by US assignees, but coinvented in 43 host locations with differing IPR strength. Managerial summary : Multinational enterprises often cite the weak IPRs at emerging economy host destinations as a significant impediment to offshore R&D activities in those countries, despite the abundant supply of inexpensive scientific talent there. We find that the weak IPR at the host destination is a greater impediment to offshore R&D that is aimed for end use at the host market than for R&D that is aimed for end use globally or in the home market. Since IPRs are local, a weaker IPR at the host location does not protect IP that is relevant to the host market. Since the IPR at the home country is more relevant for technologies aimed at the home market, the IPR at the host country is irrelevant for such R&D projects. Copyright © 2015 John Wiley & Sons, Ltd.     

The evolution of mobile communications in Europe: The transition from the second to the third generation

This paper analyses the evolution of the mobile communications industry in the European Union. The research focuses its interest on the different roles played by the regulator in Europe and in other regions of the world (mainly the US). The diffusion of GSM was extraordinarily fast in Europe, mainly due to the adoption of a unified standard from inception. This rapid diffusion has resulted in an important competitive advantage for European operators. Interestingly, while the regulator acted similarly in the case of UMTS, the development of the latter has faced many problems and, presently, its diffusion is still low (about 5% in the EU). The paper also offers basic information on market structure that may be useful for extracting some preliminary conclusions about the degree of rivalry within the industry and the differences that can be observed between European countries.     

天然气工业标准体系简介

天然气工业的快速发展促使它从石油工业的附属工业中分离出来,成为一种新兴的资金和技术密集型产业,建设天然气标准体系的问题应运而生。国际标准化组织天然气技术委员会（ＩＳＯ／ＴＣ１９３）已形成较为完整的天然气工业标准体系。我国也正在逐步开展该方面的工作。本文从结构、分类、采标程序等方面好我国天然气工业标准体系的特点及与石油工业标准体系的不同之处,并对列入体系表的通用基础标准、产品标准、试验方法标准、性质     

How managers protect intellectual property rights in China using de facto strategies

Foreign firms trying to protect their intellectual property rights (IPRs) in emerging economies are suffering real pressures because these economies usually offer little or no enforcement of IPR. Foreign firms therefore have to resort to approaches unlike those they use in developed countries. This paper explores what managers of foreign firms in China have already tried in their efforts to achieve effective IPR protection – specifically, they have crafted de facto strategies that can protect IPR without using China's legal system or engaging in lawsuits against imitators. These strategies work, and this paper explains how and why, thus offering a potential template for IPR protection in other economies with weak appropriability systems.     

Standards,innovation, and latecomer economic development: Conceptual issues and policy challenges

Little is known about the impact of standards on the economic development of countries which are latecomers to industrial manufacturing and innovation. Standardization is regarded primarily as a technical issue, and hence receives only limited high-level policy support.However, technical standards contribute at least as much as patents to economic growth. As a key mechanism for the diffusion of technological knowledge and due to the dominant leadership by advanced countries in patenting, technical standards have emerged in latecomer countries as an alternative to patenting. However, latecomer countries and their firms have a set of capabilities and constraints that are fundamentally different from that of advanced countries and firms. This paper argues that latecomer countries should adopt assessment criteria that are more fitted with latecomer contexts which emphasize learning effects and building dynamic capabilities. The paper discusses current issues that are essential in understanding the rise of Asian countries in standardization. We also examine the critical role that patents play for standardization and argue that “strategic patenting” to generate rents from de facto industry standards can stifle latecomer economic development.     

Reshaping European metrology research – the role of national research managers

This paper deals with the role of research and development (R&D) managers in shaping the landscape of public research in Europe. These R&D managers work in the sphere of public research within national government laboratory services. The case we present is of the reconfiguration of metrology research. Metrology is the science of measurement. We examine why scientists and research managers in nationally embedded institutes, which are performing R&D in support of national policy and local industry needs, have chosen to co‐operate in a shared research programme. This means giving up, in part, their national sovereignty over funds and decision making. Furthermore, we examine how they have achieved the shared programme, which was launched as a European Commission (EC) programme through the Article 185 ¹ initiative, which allows the European Union to participate in research programmes undertaken jointly by several Member States.     

The 3G transition: Changes in the US wireless industry

The transition of the wireless industry from second generation (2G) to third generation (3G) is more than a simple technology upgrade. The industry's service profile will move far beyond telephony and services will converge with the computing and content sectors. This will bring many more players into this already huge industry. Thus the transition to 3G needs to be regarded as a major economic transformation as it requires a major reconfiguration of the existing value networks. Standards have traditionally been essential in the success of wireless services and will play an increasingly critical role in the future.Due to the on-going transition, wireless standardization has changed considerably—reflecting changes in the configuration of the value network. While the number of major air-interface standards has been reduced to just two, the overall number of standards bodies has increased by almost an order of magnitude while the number and scope of interfaces being standardized has grown at a breathtaking pace. This growth reflects the need to support the industry's new coordination requirements at critical interfaces in the value network. At the same time, the importance of the traditional standards development organizations (SDOs) has diminished as more nimble industry consortia have taken over the main responsibilities for standardization. The major standardization battlegrounds have shifted up the protocol stack to the service enabler level. In addition, the manufacture of handsets and other mobile communication devices is transitioning to a more horizontal industry structure. These changes, along with changes in the way value is extracted from new services and their influence on the reconfiguration of the industry are discussed.     

加速我国石油工业采用国际通用标准的步伐

本文根据我们参加国际标准化活动的经验和体会,对照我国石油行业标准与国际标准和国外先进标准的差异进行分析,最终表明:目前为加速我国石油工业采用通用的国际标准和国外先进标准的步伐,我们有必要加大参加国际标准化活动的力度,加强国际标准化动态的跟踪研究,注重国内归口单位与各专标委的密切合作,努力建立起多方信息交流渠道,使采标与行业标准化工作融为一体,共同促进石油行业标准化的发展,为石油天然气总公司国际化战略服务.     

Can Firms Benefit From Competition?

We typically assume that exit of competitors from an industry benefits those that remain. We show here that, when one accounts for the supply chain effects of exit, this need not be the case. Specifically, when exit downstream induces exit of upstream producers, input prices rise to the detriment of downstream firms. If mark-ups on inputs are large while downstream mark-ups are small, then exit of downstream competitors reduces the profits of non-exiting firms. We show that this result is quite general and argue that it has application beyond competition policy, being especially apt in the area of industry dynamics.     

Plant variety protection in developing countries. A report from the field

The establishment of intellectual property rights (IPRs) for plant varieties has caused considerable controversy, but there is relatively little empirical evidence on performance and options in developing countries. This paper summarizes the results of a recent five-country study, concentrating on the conduct of plant variety protection (PVP) regimes. It examines PVP in the context of other mechanisms that provide incentives for plant breeding. It discusses the principal options available to developing countries and examines the ability of PVP to offer protection from competing firms and from on-farm seed saving. It also looks at the administrative and management requirements of PVP regimes. Although the paper does not discuss patent protection for biotechnology it examines the IPR requirements for the introduction of transgenic varieties. Developing countries need to establish an appropriate PVP system, but PVP should be seen as part of a broader strategy for seed system development.     

Development of 5G – Identifying organizations active in publishing,patenting, and standardization

Publications, patents, standard-essential patents (SEPs), and standard contributions are important indicators for the drivers in the technology development of 5G. However, current 5G technology reports predominately draw on patent data to identify technology developing organizations, ignoring the importance of publications and standard contributions. Therefore, we identify 5G technology developing organizations in publishing, patenting, and standardization and compile a unique dataset to identify leading organizations per category and to identify possible correlations and interdependencies. We find that for companies offering fair, reasonable, and non-discriminatory (FRAND) licensing conditions related to standard-essential patents, their publication, patent, and standard contribution counts highly correlate. Our findings suggest that 5G technology developing companies holding a high number of patents declared to 5G manage the three contributing factors of publishing, patenting, and standardization to optimize their impact on 5G technology development. Furthermore, we show that patenting and standardization are dominated by a few large companies from the United States, China, Korea, Japan, Finland, and Sweden, while publishing is much more globally distributed and not as concentrated. Our research suggests that scientific findings can be more easily published via scientific journals and that barriers might hinder filing patents and participating in standardization committees focusing on 5G, which only large companies overcome.     

Leadership with 5G in Europe: Two contrasting images of the future,with policy and regulatory implications

European policy makers have shown a keen interest in the success of 5G because ubiquitous and high capacity electronic communication infrastructure is recognized as a cornerstone of economic development and productivity growth. The second generation, GSM, is considered the leading example, reaching its peak of deployment in 2015 with 3.83 billion subscribers served by over 700 operators in 219 countries and territories.With 5G rapidly shaping up in the R&D and standardization environments, and a call for leadership with 5G in Europe by policy makers, it is timely to investigate what lessons can be learned from the success of 2G that can be applied to 5G. More broadly, this calls for research into the commonalities and differences between successive generations of mobile technology, their introduction and the market adoption that followed. This also calls for an investigation into the possibility of multiple futures of 5G and how that impacts the opportunity for leadership. As one future may be more desirable than the other, depending on the perspective of the actor involved, a policy debate will be required to determine the most desirable future. As well as a discussion of the policy and regulatory actions required to enable a particular future.Hence, the two-part research question being addressed in this paper is: What explains the success of 2G-GSM and how can it be applied to create success with 5G in the European Union?To respond to the research question this paper first identifies the leadership lessons to be drawn from the success of 2G-GSM in relation to its successors 3G and 4G. Secondly, the contribution describes two stylized images of possible futures of 5G, called “Evolution” and “Revolution”, as input to the policy debate on the options for leadership with 5G. These images reflect two extremes in terms of possible futures of 5G. “Evolution” follows the pattern of previous generations and current trends. “Revolution” represents a clear break with these trends and a path towards leadership with 5G, as it exploits the opportunities of standardized APIs for service creation, being enabled by network virtualization as an architectural foundation of 5G. These open and uniformly applied APIs allow the market entry of a multitude of virtual mobile network operators (VMNOs) serving particular industry verticals or economic sectors with tailored feature sets and qualities of services. They allow a market momentum to be built that constitutes leadership with 5G in Europe.     

浅议标准化与石油工业安全生产

介绍了石油工业标准化的发展史,强调了它对石油工业安全生产的重要性,并认真分析了目前石油工业生产的现状和存在的问题,提出了建设石油工业标准化文化,依托石油工业标准化建设,促进石油工业的安全生产管理。     

Risking public health by approving some health claims? – The case of phosphorus

There is a well-established consensus on the many biological functions of essential nutrients, and related general function health claims will be soon authorised in the European Union. Such claims about the role of nutrients in the body’s growth, development and functioning could provide a powerful marketing tool and significant increase in the consumption of specific food products. Even though these claims are scientifically substantiated, there are both health and ethical concerns about whether such claims should be allowed where the intake of these nutrients easily exceeds the recommendations and a bigger intake might have adverse affects. The case of phosphorus and its role in the maintenance of normal bone is discussed.     

European Economic Community industrial research priorities for the early 1980s

Respondents claimed that European effort on basic research rnay have so diminished that the long-term competitiveness of its industries is endangered. They saw a major role for the Commission in redressing this imbalance. There was little support for Commission sponsorship of applied industrial research. Some respondents felt that this could even be counter-productive by diluting effort in areas seen as important by industrial management. A role was seen for the commission in supporting more research on the legislative context and general environment in which industry operates ('contextual research'). The need for such research imposes a growing burden on industry and diverts scarce resources from work directly related to competitiveness.
A study sponsored by the Commission of the European Communities aimed to identify the types of R & D activity in aid of European industry that the Commission might support over the next three or four years. The findings are based on interviews with senior managers from some fifty firms, representing eight sectors of manufacturing industry in five European countries.