The International Dimension of Proprietary Technical Standards: Through the Lens of Trade, Competition Law and Developing Countries

Yogesh Pai

6/11/2014
(Original Publish Date: 7/6/2012)

This paper has examined problems arising from proprietary technical standards at different levels of normative inquiry from the perspective of competition law and trade regulation with an emphasis on issues and concerns for developing countries. It aims to highlight the current legal and policy vacuum within the WTO framework in addressing problems of patents in standards from a competition policy dimension. The exclusivity preserved by patents is essential for development of new technologies, while standardization ensures homogeneity and introduces product compatibility. However, the interaction between the two species of legal entitlements (i.e. patents- exclusive v. standards-nonexclusive) is far from achieving coherence. Although Standard Setting Organisations (national/regional/international) have IPR polices to govern the interface, they have largely failed to resolve issues.