标准战略的法律研究

Jurisprudential Study of the Strategic Standard

随着知识经济时代的到来 ,标准已成为高新技术领域中竞争的标志 ,成为专利技术追求的最高法律形式。在技术的进步过程中 ,历史已上演了一次又一次的标准战争 ,这种战争的结果是得标准者得天下。但我国现有有关标准化的法律尚不能与全球经济一体化进程和高新技术飞速发展相适应。本文通过对标准作用原理的阐述 ,论述了我国标准法律制度重建的目的和内容 ,并用标准法律来推动我国在高新技术领域竞争中争取优势地位。

With the advent of the era of knowledge-base economy, the standard has become the central issue of the competition in the field of high and new technology industry, and the superior legal embodiment of patented technique. In the course of technique's advancement, there have been so many fights for standards, the result of which is the winners, i.e. the owners' of the standards obtain the privilege to rule the world. As to the present China, it has been proved that her standard legal institutions are unadaptable to the trend of economy's globalization and the development of high and new technology. This article elaborates the principle of the standard's functions, sets forth the rebuilding of our country's standard legal system, by which we can obtain the superiority in the competition in the field of high and new technology.