The Research On The Issue Of Patent-based Technical Standards Barrier

With the development of economic globalization and free trade, the traditional tariff barrier will be weakened gradually and finally will be abolished. The non-tariff barrier will take a more important role. The development of science and technology is greatly enhancing the protective function of IPR on technology and market. The emersion of paten-based technical standards barrier became the new trend of development of the TBT and is attracting wide attention of the academic circle. Paten-based technical barrier is posing a massive threat to many countries'export trade, especially the developing countries, including China, who have backward standardized industries, little independent IPRs and weak innovation ability. The patent-based technical barrier is going to be adopted by more and more countries and become the main method of new non-tariff barriers and reach the goal of global technical barrier monopoly. Under this situation, the paper has a research on the issue of patent-based .Apart from introduction and conclusion the paper consists four parts:Part One: introduction of the research target--the patent-based technical standards barrier. It includes the background of the emersion of the patent-based technical standards barrier, the concept of the patent-based technical standards barrier, the relation among technical trade measures, TBT, technical standard barrier and the patent-based technical standards barrier.Part Two: a profound research on patent-based technical standards barrier by applying international trade theories. The formation system of patent-based technical standards barrier and its economic effects are the two aspects of this topic.Part Three: a probe into the establishing and building conditions of the patent-based technical standards barrier in developed countries. It consists five parts: the standardization strategies of the countries which is using the patent-based technical standards barrier; the technical standard of the operation of patent union; establishment of sound warning system etc. Hopefully this probe will provide reference for developing countries, including China, to chose the proper use of patent-based technical standards barrier.Part Four: some suggestions for China's patent-based technical standards barrier strategies, with the consideration of the present national situation, through the selective adoption of the experiences of developed countries'using of patent-based technical standards barrier.