Research On Legal Problems Of Standard Barriers In International Trade

With the development of economic globalization and trade liberalization,tariff barriers and traditional non-tariff barriers have been increasingly restricted.This makes countries,especially developed countries,actively seek new means of trade protection. As a new type of non-tariff barriers,standard barrier has been widely adopted in international trade at an alarming rate in the past few decades.It is an induction and extraction of standards from various indirect non-tariff barriers.This paper starts from concept,characteristics and classification of standard,distinguishing standard-related words,ultimately leads to the focus of this paper-standard barrier,and then introduces meanings,forms and characteristics of standard barrier following.Not all standards will constitute barriers to trade,so it is unreasonable to treat all standardization measures that taken by developed countries as standard barriers.We should take standard-related provisions of WTO Agreement on Technical Barriers to Trade as legal basis to judge standardization measures objectively and reasonably. Therefore,this paper highlights relevant provisions of WTO Agreement on Technical Barriers to Trade,combined with relevant cases of WTO Dispute Settlement Body in Chapter 2.These provisions are not only our measures to judge standard barriers,' but also legal principles that we need to comply with when reasonably developing our own standards in international trade.So,its importance can not be ignored.As science and technology,especially the information technology develops, standard barriers trend to combine with intellectual property rights,especially with patent technology.We are already conscious of the relevance between standard and intellectual property right.But we will still be controlled by others if we have only consciousness,without ability to make use of such relevance.To really breakthrough standard barriers,it is necessary to enable China's standard-setters and users to comprehend standard's mode of operation,that is intellectual property policies of standard,and learn to use our own intellectual property rights most efficiently,while use others' technology at minimum cost.That is why this paper detailed in Chapter 3 the reason,manner,mechanism of the combination of standard and intellectual property rights,as well as standard-setting organizations' intellectual property policies. Finally,after analyzing external reasons that we encounter standard barriers,this paper turns to domestic vision,points out a good many deficiency of our current standard and standard system,further revealing the internal reasons that we encounter standard barriers and brings forward corresponding countermeasures and suggestions.