The Irregularities Of Standardize And Legal Regulation

Along with the arrival of knowledge-based economy ages, the standard has become the marking of competition in the high and new technique realm, become the tallest law form that a patent technique pursues.In the proceding of technical progress,war,againsting standard,had taken place from time to time in the histry, the result of this kind of war is that who will obtain the privilege to rule the world if he win the war.As to present China,it has proved that her standard legal institutions are unadaptable to the trend of economy's globalization and the development of high and new technology.This article introduced the concept, characteristic, categorize and histry of the standardize,the contents analyzed the most important characteristics of the standardize is that there are a systematic patent rights to support it behind it,there is a close relation between standardize and patent right.The article intruduces the relation,existing between standardize and patent right,elaborate in detail how enterprise make use of it to start standardized strategy.Immediately after, this article analyzed gains or losses of standardize, analyzed the two greatest irregularities because of standardize:Standardize monopoly and international trade technical barrier.Standardize monopoly comes from the abuse of patent right,because of the close relation between standardize and patent right.Through The article listed a lot of examples, introduced the proceeding how enterprise abuse patent right to restrict competition. Another one irregularity, international trade technical barrier,is produced from deep reason, the article analyzed the source of its creation from objective and subjective sides.About how to regulate the standardize monopoly,the article intrudoced legal rules to regulate the abuse of patent right in some countries,such as U.S,EU and Japan,then how to regulate the abuse of patenr right in China.About how to regulate international trade technical barrier. the article put forward the legal counterplan in the two aspects of international law and national law.In the international law aspect,it is the key that all countries should establish their standards under the frame of WTO/TBT Agreement.In the national aspect,our country shoud perfect standard rules ,and adopt international standard directly.