International Comparison Of Technical Standards Anti-Monopoly Exemption System

Under WTO rules system, the members have to open their trade portal to thewhole world. The tariff barriers which was applied to protect themselves form thedeveloped countries’ impact by the developing countries, including China, has beeneliminated. Meanwhile, the developed countries, by relying on their formidabletechnical dominance, erect one after another technical barriers in the face ofdeveloping countries. Technical standard has been selected as one of the significantstrategies for international trade by the developed countries. Its function transformsfrom resolving compatibility problems to a kind of technical barrier used to tradeprotection. This kind of technical barrier is used almost everywhere, from traditionalindustry to high-tech industry.With the coming of knowledge-based economy era, the trend of intellectualproperty’s incorporating into technical standard is accelerated continuously.Intellectual property right is a kind of monopolistic right, technical standard, however,is in general use. Their combination causes a series of new problems and then attractsmore and more attention both in academic and practical circle. Because of China’sfrequent failure in the international trade disputes involve technical standard in recentyears, most of existing researches are focused on preventing and regulating the abuseof market advantage and monopolistic position brought by the technical standard intowhich incorporated intellectual property. Yet at the same time, the anti-monopoly exemption applied to technical standard gains much less concern. Our country is inthe rising stage of national standardization strategy, and the implementation ofAnti-Monopoly Law is just in its infancy here. At this time, only laying emphasis ondeterring illegal monopoly can not fundamentally change our backward and passiveposition in technical standard field. The more significant thing should be transformingor incorporating our independent intellectual property technologies into internationaltechnical standards and taking the initiative of rule-making. Beside punishment, lawalso has the function of guiding. Putting too much emphasis on the former may leadthe enterprises and standardization organizations to balk at the anti-monopoly risk andcease to research and develop, and therefore hold back our nation’s development inthis field. That requires the exemption system to maintain equilibrium.The paper will proceed as follows. Part1defines and analyzes the basicconceptions, such as “technical standard” and “exemption”, which will serves aslogistic beginning of the research. Part2selects several typical countries’anti-monopoly legal system as the research object then use basic conceptions toanalyze and find out there exist exemption rules setting for technical standard in theselegal systems. Part3and Part4respectively make comparative study on the legalrequirements and judgment criteria of the anti-monopoly exemption for technicalstandard. Part5summarizes some experiences worthy to introduce into ouranti-monopoly legal system and sets forth several suggestions for the systemconstruction.