There are cases in which patents are used to set up trade barriers (ABD).
a. The bill published by the European Union in 22 requires that low-grade lighters in the European Union market must be equipped with safety locks
b. Foreign enterprises research and develop DVDs based on VCD, and apply for patent protection
c. China Wanyan Company has developed a technical patent alliance for DVDs of equipment VCD
D.6C and 3C
A technical trade barrier consisting of patent rights and identification rights. Due to the differences in economic and technological development levels among countries, developed countries have made use of their strong technological advantages to formulate a series of technical standards and build a series of technical barriers. Especially in the high-tech field, there is no mature and well-known technology available when formulating technical standards.
the inventors of high-tech have a strong awareness of intellectual property protection, and almost all the technological achievements in the field of high-tech are covered by patented technology. In order to formulate legal standards, some standardization organizations should negotiate and sign contracts with intellectual property owners, and at the same time, make certain restrictions on rights, such as the patentee should provide users with irrevocable rights licenses.
in addition, there are a large number of high-tech inventors who have sufficient monopoly power and do not want to become legal standards, but form factual standards by their own technological advantages. Moreover, the technical standard combined with patented technology is more lethal than the traditional technical standard. In order to develop high-tech industries, developing countries often inevitably pay high royalties to the right holders.
this greatly limits the free circulation of high-tech products. The technical barriers to trade formed by trademark rights mainly refer to the fact that the International Organization for Standardization and some industrial and commercial organizations often register some trademarks as certification trademarks. Some countries or regions often regard whether they have a certification trademark as a necessary condition for the import of goods.
In fact, some enterprises often license trademarks when they license others to use patented technology. Therefore, whether the licensed enterprise's goods carry licensed trademarks has become a measure of whether others' patents are infringed, which is beneficial for the customs to seize infringing goods in the import and export process.
sometimes, although some patented technologies have passed the validity period and become well-known technologies, the trademark rights on commodities can continue. If you want to use the logos of these technical representatives, you must also get permission, otherwise it will also infringe on the intellectual property rights of others. Therefore, certification marks have also become a technical barrier to trade.