Research On The Legal Problem Of Technical Standards Barrier In International Trade

With the development of economic globalization and trade liberalization, trade restrictions like tariff barrier, quota and license, are restricted by series of free trade agreements. As a result, their functions of protecting trade are weakened. At the same time, the issuing of strategic policy of the national standard by some countries, such as USA, EU, Japan, etc., always make us can't help thinking deeply about the Technical Standards, which has been acting as the new kind of non-tariff barriers in international trade. We need to put it into more concerns, so as to ensure that we can fight fully in the Technical Standards battle. This dissertation aims at probing into the construction of the legal system of standard of our country, the main view of which is: we should make use of intellectual property rights system to realize the goal that our country utilizes the standards, grasps the standard and leads the standard.This dissertation is divided into four major parts. The first part carries on the detailed analysis towards the basic knowledge and the agreements in WTO involving TBT, SPS Agreement and the TRIPS Agreement. Then the emergence of technical standards let us know that we need to change the attitude of ignoring the Technical Standards, pay more attention to the important function in industrial competition of the Technical Standards. The second part introduces the characteristic and essence of the Technical Standards Barrier strengthens the understanding of it. Then it continues to analyze the great impact of the Technical Standards Barrier on the developing countries, which acts as a double-edged sword. This part also mentioned that all countries in the world have worked hard to reduce the disadvantage of the Technical Standards Barrier to the international trade. The third part illustrates the combination of the Technical Standards and Intellectual Property Rights is the present development trend of Technical Standards Barrier. It is the intellectual property rights behind Technical Standards. The fourth part puts forward the suggestions on the building of the Technical Standards system of our own country. The text points out clearly that the present legal system of Technical Standards is far from meeting the development demand of the Technical Standards in the future. Then the text provides some suggestions about how to structure the legal system of the Technical Standards of our country.