The information technology and telecommunications (IT&T) industry is presently growing out of its infancy towards a certain level of maturity. At present the development of this industry and its marketplace has reached a level where standardization 1 has become vitally important. One of the major reasons is that users in a multi-vendor environment require compatibility and interoperability of IT&T products. Standardization has become an issue of interest to both users and suppliers. In Europe, commitment to standardization is vital in creating an internal market. Without this internal market the European IT&T industry, of strategic importance to the EC, will not be able to survive in the struggle with Japan and the United States. Large buyers (governments, industry) are able to put pressure on the suppliers to conform to standards. 2 Gradually, suppliers have conformed to a more serious approach to the standardization process and have realized that the former ‘lock-in’ effect of proprietary products has become a burden that locks out the supplier from a large part of the market. 3 As Brock observes, in the IT&T industry standardization generally helps those firms trying to expand their marketshare and hurts those firms trying to defend their market against others 4. For governments, standardization of IT&T products and services is an important instrument in regulating (international) trade and industry. 5 This article offers an overview of a number of legal issues concerning standardization of information technology and telecommunications, focusing on developments in the EC. In most cases this will not imply a significant limitation on the scope of this article since IT&T developments have the same revolutionary characteristics all over the world and generally give rise to the same legal questions. This paper by Kees Stuurman, Attorney, provides a brief overview of the main characteristics of the process of IT&T standardization (organizations involved, interests, backgrounds, types of standards, figures). Subsequently, explorative analysis will consider the legal status of IT&T standards, the protection of standards documents, and the impact of standardization on liability and competition.
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