Technical Standardization. Anti-trust Perspective

Along with continuous development of the social economy and evolution of the competition's pattern in the market, the competition already achieves a new stage-competition for standard. There are so many wars of standard have happened again and again in the history of the techniques' progress. "Who has grasped the power of the formulation of standard and whose technology became the standard, who has won the initiative of the market, it is called 'the standard results in the world'". In the competition of the high technical product, the competition has transcended the occupation of products in the market simply and has become the mainstream of the competition in the market. As an important method of the competition, the standard has become the highest legal form that pursued including the patent intellectual property rights in the background of this knowledge society.Generally speaking, the standard is a system of specifications though the negotiation of each participation. The standardization is the process to formulate and implement the standard. It is a series of regulations that means the different beneficial arrangement to different group completely. The expression and the pursuit of the standard is one kind of rules and orders. So the key point of this article is analyses of the standardization of technology which have the intellectual property right mainly.Just like many other matters, the standard is a double-edged sword. It can not only expand the exterior effect of techniques and reduce the cost of techniques but also result in the monopoly of technical standard because of the combination between it's so many characters and the IPR, such as network effect, "Lock-In" effect, and so on. For example, the "Lock—In" effect of standard causes the unprecedented influence to the market; the standardization of technical property right will blur the IPR' character of time; the technical property right standardization has broken the balance between the monopoly of the technical property right and the public welfare. Obviously, the standard has the dual character, it can limit and hinder the competition in the market possibly while promote the social productive force. Therefore, only if we control the standard's counter-competitiveness to causes the positive effect to be bigger than its negative...