Research On Technical Standard Strategy In Law Field

As the advancement of globalization, international competition is no longer decided by traditional material capital, but decided by comprehensive national strength that constructed of high technology and new technology as the core, and the ability transform the technology for the standard and obtains the economic gain the final. The way of thinking of "make technique into patent, standardize the patent and monopolize the standard" have already become a mainly form by which developed countries and its multinational companies can occupy the market. Technical standard has become one of the most major forms of international economic competition , we begin to re-understand the relationship between technique standard and intellectual property. But all these knowledge still are not mature. We need to know more abroad policies and experience about circulation of technique standard and intellectual property.The standard essence is to set a request to the technical establishment and the implementation plan to achieve this standard. The technical standard is the standard that applicated in technology area. The goal is to let the product and service achieve certain safe request or the market access request, and its essence is the implementation technology to achieve this standard. Technical standard is receiving more and more attention in modern international trade, especially in the field of information technology and digital technology. As a kind of important public tool, technical standard are becoming more and more useful. After WTO entry, Chinese enterprises have encountered the strong technology-barrier, working out proper patent strategy, practicing to use the patent in standard strategy, pay attention to three principles, including no repel, disclosing the patent and no free;use experiences of other countries for reference, and establishing the the anti-monopoly examination system in technical standard domain while the Anti-monopoly Law is constructed in our country.This article defined what is technical standard, and what is technical standard strategy, and than research the technical standard from patent and anti-monopoly. For these the technical standard strategy is defined and a technical standardstrategy system is constructed. This system consists of two levels: national strategy and enterprise strategy. We faced many difficult on the way of standardizing the intellectual property, but at the same time, we also many advantages, such as: advantages on making, market, technique and research development etc. Therefore, only business companies can renew their ideas, promote independence research ability, enhance the unions between companies, we can set up our own intellectual property standardization system with the help of the government.