Analysis Of Intellectual Property And Technical Standards

The technical standard is very hot in recent years, especially in the field of new high-tech industry. Since DVD case has happened, the technical standard becomes the present focus. The issuing of strategic policy of the national standard by some countries , such as USA , Japan, etc. , always make us can't help thinking deeply about the standard: What is the leading factor behind the standard? why it rise to the height of the national industrial policy? The understanding of the standard of our country is only in just knowing, just because of this, we need to put into more concerns, so as to ensure that we can fight fully in the standard battle. Currently, because our country can not meet the need of standard, so this text aims at probing into the construction of the legal system of standard of our country, expect to do one's bit for the standard construction of our country. Through analysing the intellectual property right policy of and the technical standard, the main view of this text are: we should make use of intellectual property right system to realize the goal that our country utilizes the standard, grasps the standard , leads the standard.To solve the standard problem, this text provides its opinion on the topic theoretically and practically. This text is divided into five major parts.The first part: The introduction of current situation of the development of standard. Pointing out clearly in section one of this part that we have already entered standard era. After our country's intellectual property protection level is obtained and improved notably, a series of battles about standardns make us have to examine our intellecutal property system. Then the emergence of standards let we know that we need to change the attitude of ignoring the standard, pay more attention to the important function in industrial competition of the technical standard. In section two of this part, I point out that the combination of the technical standard and intellectual property right is the present development trend. Standard battle has already become the part of national economy, the important contents of science and technology , comprehensive strength competition. Through the introduction to the relevant cases of standardsthat happened recently , strengthen the understanding of the standard and its importance. At the same time, it arouses the thinking of the way about the standard problem..The second part: Characteristic and essence of the technical standard. The second one of this part point out the importance of the relation between technical standard and intellectual property right. With the growing in intensity of standard battle, people have realized a kind of new idea. Third-class enterprises do the work, second-rate enterprises sell the products, first-class enterprises sell the technology, ultra first-class enterprises sell the standard. Holding the standard, the order is all over the world, this is determined by characteristic of the technical standard. The section two of this part divide technical standard into different kinds from different angles ,in order to strengthen the understanding about the technical standard. It is intellectual property right behind technical standard, and the enormous economic benefits behind intellectual property right. A lot of developed countries ,famous enterprises all hope to realize one's own economic benefits through grasping the standard. What is called standard battle? its basic purpose is to go ahead of the rest through grasp the standard. In the era of Standard:" The wise walk in accordance with standard".The third part: Combination of intellectual property right and technical standard. This part introduced the concept , nature and development of the intellectual property right. As a kind of legal" monopolizing" right, the intellectual property right represents enormous wealth, its position in the international competition is more and more important, too. The intellectual property right becomes one of the hottest weapons. But in the course of development of the new technology, in the new international trade competition, the standard goes ahead of the rest. The monopoly of the intellectual property right realizes popularity through the standard form , thus realizes the purpose to control the market. The fourth part: Intellectual property right policy in the operating of technical standard. Up to now, China is still in a passive and vulnerablesituation in the standard battle. When we realized the importance of the standard problem, the foreign countries have utilized their advantages to participate in and finish a large number of formulation work of standard. If we want to change the disadvantages, we must know ourself as well as the enemy soon.The fifth part: Suggestion on the standard battle of our country. How to structure the legal system of standard of our country? After analysing the current situation of the present legal system of standard of our country ,the text points out clearly that the present legal system of standard of our country is far from meeting the development demand of the standard in the future. Then the text provides some suggestions about how to structure the legal system of standard of our country.