Standard Of Abuse Cause Analysis, And Legal Regulation System

There is a trend that the powerful companies are likely to misuse the standardization mechanism to gain technical monopoly statutes in the market place following the rise of influence standard. The central arenas of standard misuse are those areas of high-tech industry and international standardization. In the high-tech industries like information technology, the process of standardization is the consolidation of frontier techniques, it is a kind of commercial mechanism to unify and fortify the patent technology of oligarchies. The standardization organization in this area is most of private nature; they are technical cartel by nature. Taking the advantage of the legislation vacancy on international standardization, those powerful companies escaped the sovereignty of their respective host nations and successfully consolidated their patent techniques, make their ends of standardization misuse met. Standardization nowadays is rather a means of trade protection than that of product adaptability.In the microeconomic sense, the standardization misuse behaviors comprise those activities like de facto standards by powerful companies, cross licensing and patent pool by confederation of companies, intentionally avoid of disclose liability by patent owners in the process of standardization, refusal to license as well as group boycott. In the macroeconomic sense, the standardization misuse behaviors changes in that of protectionism by the import countries.Research and development is the right of each enterprise, it is fundamental to macro-economy. Standard misuse by powerful companies produce patent thicket to other enterprises invaded their legal right and result in the waste of welfare. Antitrust law meets the specific requirement to regulate standard misuse. Although there isn't uniformed...