First, technical trade barriers composed of patent rights and labeling rights. Due to the gap between the economic and technological development levels of various countries, developed countries have used their strong technological advantages to formulate a series of technical standards and build technical barriers. Especially in the field of high-tech, there is no mature known technology to be used when formulating technical standards. The inventors of high-tech have a strong awareness of intellectual property protection, and almost all technical achievements in the field of high-tech are covered by patented technologies. In order to formulate legal standards, some standardization organizations need to negotiate and sign contracts with intellectual property rights holders. While benefiting the rights holders, they also impose certain restrictions on their rights. For example, the patent holder should provide users with irrevocable rights licenses, etc. In addition, there are a large number of high-tech inventors who have sufficient monopoly power and do not want to become a legal standard, but rely on their own technical advantages to form a de facto standard. Moreover, technical standards combined with patented technology are more lethal than traditional technical standards. In order to develop high-tech industries, developing countries often inevitably have to pay high royalties to rights holders, which greatly restricts the free circulation of high-tech products.
Technical trade barriers formed by logo rights mainly refer to the fact that the International Organization for Standardization and some industrial and commercial groups often register some logos as certification trademarks. Some countries or regions often make the presence of a certification mark a necessary condition for the import of goods. In fact, when some companies license others to use patented technology, they often also license their trademarks. Therefore, whether the licensed company's products carry the licensed trademark has also become a measure of whether it infringes on other people's patent rights, which is beneficial to the customs in import and export. Infringing goods were seized during the process. Sometimes, although certain patented technologies have expired and become known technologies, the trademark rights on the goods can continue to be extended. To use the logos of these technical representatives, you must also obtain permission, otherwise it will infringe the intellectual property rights of others. Therefore, certification marks have also become a technical trade barrier.
Second, the abuse of intellectual property rights. One is the abuse of border measures and temporary measures for intellectual property protection. Temporary measures and import border measures are required by the TRIPs Agreement. However, if the right holder applies for temporary measures in bad faith or customs seizures or the customs procedures are too complicated, the importer will pay high costs or even suffer heavy losses. Export border measures are stipulated in the TRIPs Agreement and can be implemented but are not required. The establishment of export control will bring additional burdens to exporters. During customs clearance review, they must complete complicated procedures and submit various authorization documents and commercial documents. This not only delays time, but also increases transaction costs and unexpected risks for exports. The second is "unfair" practices in technology trade. Including unfair terms and discriminatory prices in technology trade contracts. The third is the abuse of online copyrights. According to the traditional copyright laws of various countries, the public can use copyright-protected objects for scientific research, teaching, and personal research needs. However, on the Internet, much information that should be known to the public is blocked by network operators and copyright holders. For example, some business information, newspapers, published articles, laws and regulations, and domestic and foreign court judgment cases that should be disclosed to the public have been compiled. database and receive special protection. This kind of information monopoly will hinder the exchange of copyright objects and the development of business activities.
Third, the "internalization" of trade and selective investment. The so-called "internalization" of trade means that in order to maintain their monopoly advantages in high-tech fields, some multinational companies in developed countries have a strong tendency to internalize their intellectual property rights or commodity trade containing intellectual property rights. This tendency is specifically reflected in the fact that high-tech products or products containing technology patents and proprietary technology products of multinational companies mainly flow to their foreign subsidiaries with majority or all equity, even when the technological innovation results are not consistent with the company's existing operations. Under such circumstances, enterprises often do not easily transfer the technological achievements unilaterally, but use it as a bargaining chip for cross-licensing in exchange for the technological achievements of other enterprises that they need. The phenomenon of "non-use" or "dormant patent" shows that on the one hand, multinational companies monopolize the right to import patented technology products in order to ensure the market sales of the rights holder's products for export; on the other hand, they seize all domestic and foreign opportunities for the authorizing country to obtain patented technology. and channels.
The so-called "selective investment" means that when possible, multinational companies do not include patents and proprietary technologies with strategic significance in the scope of technology license trade, but use these technologies as much as possible. To form a higher-level strategic alliances and joint ventures or make cross-border investments on their own to maintain their leading position in technology and products. At the same time, the trade objects are limited to a very small range. As far as the current key technologies are concerned, they are either exchanged at equal prices, or high prices are prohibitive for licensees, resulting in de facto non-licensing and serious consequences. It hinders the entry of new competitors in high-tech fields.
Fourth, strict restrictions on parallel imports. Parallel imports derived from international free trade will inevitably conflict with regionally independently managed intellectual property rights. Even TRIPs, which attempts to unify and regulate intellectual property issues in the field of international trade, remains neutral on this issue: proceed in accordance with this agreement Any provision of this Agreement shall not involve the exhaustion of intellectual property rights in the dispute resolution process. Because of this, the legal provisions of many countries include flexible conditions when stipulating parallel imports, whether they are considered infringement or legal. Therefore, parallel imports can easily be influenced by the interests of developed countries and personal will, and the problem of abuse of intellectual property rights will inevitably arise.