| Traditionally there is a wide gap between intellectual property with private right attribute and the standard system as the tool of administering public affairs. But with the arrival of Information Revolution, there is a strong tendency that more and more intellectual properties are integrated into the standard system. The contents of the standard system have been shifted from the original common technical norm to the one including certain intellectual products under the production of intellectual property law. The consequence of this change is that the strength of the owner of intellectual property in the contest of market has been reinforced and the structures balancing the interests of varied people have been damaged. This dissertation, based on the analysis of the conflict between the attribute of private right of intellectual property and the function of administering public affairs of the standard system, probes into the reasons of the integration of intellectual property into the standard system, points out the main reasons for the tendency of standardization of intellectual property are the rapid development of scientific technology, the barrier effect of the technical standard and the IP owner's pursuit of private interest Then, this dissertation, through analyzing the phenomenon aroused by the IP standardization, points out the inevitability that the IP owner take advantage of his superior position to abuse his intellectual property, probes into to some certain extent how to regulate the IP owner's rights, points out that it's necessary to use the mechanism of balancing interests,the fundamental principles of civil law and antitrust law to restrict the right of the IP owner. |
