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在全球经济一体化的进程中,国家间经济交往融合的同时,相互间的竞争也在日益加剧、不断升级。竞争的范围与焦点已逐步由产品质量发展为知识产权、由知识产权进一步发展为技术标准。各国通过技术标准瓜分国际市场,通过标准又将竞争对手拒于本国国门之外。国际市场的统一需要统一协调的国际标准,利益的驱使又使得各国高筑技术壁垒。国际标准与国家标准在激烈的冲撞中得到统一,在统一的进程中又孕育着新的危机。本文拟从法律的视角,揭示国际标准的法律地位和界限,阐释国际标准与国家标准的复杂关系,以期为我国的标准化战略大计作一点贡献。
In the process of global economic integration, as the economic exchanges among countries converge, the mutual competition is also intensifying and escalating. The scope and focus of competition have gradually evolved from product quality to intellectual property and further developed from intellectual property to technical standards. Countries divide up the international market through technical standards, and reject competitors through their own standards outside their home countries. The unification of international markets requires the unification and harmonization of international standards. Driven by interests, all countries have to make technical barriers. The international standards and national standards were united in the fierce collision, which gave birth to a new crisis in the process of reunification. This article intends to reveal the legal status and boundaries of international standards from the perspective of law and to explain the complicated relationship between international standards and national standards so as to make some contribution to our country’s standardization strategy.