Analysis Of Private Standards From Competition Law

In recent years, standards showing privatization trends. A large number of private standards surfacing in all areas of industry wide on the worldwide. ISO, WTO and the OECD, and many other international organizations pay attention to the private standard of competition in the global market. At the same time, competition law and industrial policy law in Europe, the United States and other countries and regions where of the market economy system developed in response to private standards differently. These legislative and policy aims to guide and encourage the development of private standards. Also, regulation to market behavior of limit or exclude competition be engaged by private standards. Among them, the exercise of intellectual property rights in private standards become to the main aspects of the competition law of regulation. On the basis of competition law analysis of monopoly agreements and abuse from private standards, summarizing the basic principles of the regulation of private standard from competition law should adhere to. And, to further improve the relevant rules of competition law under the guidance of the principles. In addition, to convergence competition laws and industry policies of private standard properly, is an important content, also. The body consists of five chapters.Chapter1combed the concept of standard and its category. Analysis of the privatization of the development of the standard, the theoretical interpretation and its legal attributes of private standard. And, explored the economic benefits of private standards from competition law. The standard is a multidisciplinary research areas or themes, recognizing the standard concept and its scope should be from different angles. The basic meaning of the private standard are the market players, such as enterprises, joint enterprises and industry associations or non-governmental organizations come to be the standard setters. Private standard is the basic strategy of the players in the market in the market competition, and also as the market self-regulation mechanisms of the players in the market. Whereas some theoretical interpretation of private standards from the soft law theory, the theory of private governance and self-regulation theory, etc. And also, it may to explore the legal property of private standards from the perspective of the law of property and contract law. From the competition law. private standards have both positive benefits and negative impact on market competition.Chapter2expands the discussion around the private standards of intellectual property issues. Intellectual property rights and private standards exist and indivisible, permission to use intellectual property rights in the private standard requires urgent attention from competition law. In the patents aspects, there are fundamental conflict between private standards and patents. And, the combination of the two inevitability. In the trademark regard, the relationship between private standards and trademark very closely. This is because the information contains in private standard needs expressed through external commercial logos pass on to consumers. A certification mark can express private standards effectively. The commercial logos express private standards in the form of diversified. With regard to copyright, there is a close relationship between copyright and private standards, especially in the field of computer and network technology whereas copyright widely distributed. The AMA case and the SBCCI case of U.S. bring lots of inspiration to judicial determination of copyright in standard private. Of course, there is also a lot of theoretical controversy.Chapter3analyzes the issues of "monopoly agreements" behavior of private standards and its regulation. There is a close relationship between private standard and monopoly agreement. Standards makers and practitioners whose behavior may be suspected of monopoly agreements. Industry associations provide a convenient to monopoly agreements of private standards. There will be a number of restrictive clauses in the cross-licensing agreement of intellectual property owner in private standards. Then, these terms will be the object of concern of the antitrust laws. The EU horizontal cooperation agreements guideline devoted to "Standardization Agreement". The agreement recognizes the dual effect of "Standardization Agreement", specifies the assessment rules and exemption rules. The United States specifies this issue from antitrust laws guidelines and specific legislation (I.e. SDOAA).Chapter4analyzes the issues of "abuse" behavior of private standard and its regulation. In most cases, private standards are developed and implemented further by Enterprise or corporate joint with some market forces. Therefore, private standards are the result of market power and market forces. Well, there may be acts of abuse of a dominant market position in the process of development and implementation of private standards. The licensing of intellectual property rights in private standards to be the focus of antitrust laws concern. Because of intellectual property rights may be abused by the intellectual property rights owner through the formulation and implementation of private standards. FRAND (fair, reasonable and non-discriminatory) principle is an important principle of assessment intellectual property licensing in private standards. Under the FRAND principles, article analyzes on the royalties of intellectual property rights in private standard, and other restrictive conditions, as well as tying.Chapter5summarizes the basic principles of the regulation on private standard from competition law. And on the basis of the comparison, article puts forward basic ideas to improve our legislation from standardized regulations and competition regulations. The regulation of private standard from competition law should adhere to the rule of reason, and should have an international perspective, and should at the same time with a broad vision and development attitude. China's standardization strategy should be coordinated with the relationship between good industrial policy and competition policy properly, and should have unity and avoid places leads to segment the market. The standardization law should clear the status of private standards. We should develop rules of government adoption of private standards, perfect promotion act of private standard. Private standards should be included in anti-monopoly guidelines of intellectual property. The formulation of other implementing rules and guidelines of anti-monopoly law should respond to respond to private standards also. So as to providing comprehensive legal justifications for regulation of private standards from competition law.