Zhao Xu, Pacific Research And Education Institute Inc (USA)
IP Researcher; E-mail:xuzhao088@sina.com
[Abstract] Standards and intellectual property rights are compatible with each other, and the disclosure of standards inevitably involves the disclosure of intellectual property rights. Many patents or technical secrets hidden in the standards, through the publicity means and Strategies of standards, will get the first chance in the market competition. To integrate into the market, we must enter into its standard system and conduct production, management and operation in accordance with its standards.
[Key words] Technical Standards Market Competition Standardization IP
TECHNICAL STANDARDS ANDTHEORETICALBASISOFSTANDARDIZATION
The so-called technical standard refers to a kind or a series of documents with certain mandatory requirements or guiding functions and detailed technical requirements and relevant technical solutions, whose purpose is to make relevant products or services meet certain safety requirements or market entry requirements. The essence of technical standards is to set up one or several production technologies that must meet the requirements and the implementation technologies that can meet the requirements [1]
The national standard thinks that the standard is: "the standard is a unified regulation of the concept of repetitive things. It is based on the comprehensive results of science, technology and practical experience, approved by the competent authority and issued in a specific form by consensus of the relevant parties, as the guidelines and basis for common compliance. " Therefore, from the definition of the standard, we can get the following main contents: the object of formulating the standard is "repetitive things and concepts"; the standard of "things" is generally management standards and method standards; the standard of "things" is generally product standards; the standard of "concepts" is generally terminology, code, symbol standards, etc. Therefore, only "repetitive" things and concepts can make standards, and the purpose of making standards is to "unify". "Unification is the essential feature of standards, different levels of standards are the unification within different scopes, different types of standards are the unification from different angles and different sides; the basis for formulating standards is" comprehensive achievements of science, technology and practical experience ", which comes from social practice and is higher than practice to guide practice; the necessary condition for formulating standards is" coordination by relevant parties ". Consensus "must be" approved by the competent authority and issued in a specific form; standards are the product of consensus in scientific research, production, use and other aspects, and are the concentrated embodiment of interests in all aspects.
Consensus in all aspects is conducive to ensuring the quality and implementation of standards. Standards have no legal effect without the approval of the competent authority. The role of standards is "the standards and basis to be abide by jointly" by scientific research, production and use departments, enterprises and institutions. The definition of standards generally reflects the scientific, advanced, democratic, statute and applicability of the standards. Technical standards are the standards for technical matters that need to be coordinated and unified in the field of standardization. Technical standards are the main body of standardization work and a common technical basis for production, construction and commodity circulation. Management standard is a standard formulated for scientific management methods and management technologies that need to be coordinated and unified in the field of standardization, mainly involving technology management, production safety management, quality management, equipment energy management and labor organization management. Work standard is the standard of work quality formulated according to the work position. It is the regulation on the scope, composition, procedure, requirement, effect, inspection method, etc. of the work. It is the work specification and operation specification that specifically guides a work or a processing procedure. Service standard refers to the standard that specifies the requirements of service to ensure its applicability, which can be formulated in such fields as laundry, hotel management, transportation, automobile maintenance, telecommunication, insurance, banking, trade, etc.[2]
Some scholars in our country think that the technical standard should contain at least two meanings:draw a line for the level of technology to be achieved, as long as it does not meet the line, it is unqualified production technology[3] the technology in the technical standard is complete, if it does not meet the production technical standard, it can seek the technical license from the standard system, pay the license fee, and obtain the corresponding production technology meeting the standard. Technology, which is the most important reason why technical standards pay more and more attention to licensing[4]