Standards and the Law

Abstract

The world of standards and the world of laws are often seen as separate, but they are more closely intertwined than many professionals working with laws or standards realize. Although standards are typically considered to be voluntary and non-binding, they can intersect with and affect the law in numerous ways. They can serve as benchmarks for determining liability in tort or contract. They can facilitate domestic and international transactions. They can prompt negotiations over the licensing of patents. They can govern the development of forensic evidence admissible in criminal courts. And standards can even become binding law themselves when they are incorporated by reference. This article explains how standards intersect with and affect six major domains of law: product liability, patent law, contracts, administrative law, international trade, and criminal law. It also shows why it is important for lawyers, engineers, and other professionals working in the worlds of standards or law to understand each other and communicate effectively across both worlds. In today’s economy, both standards and laws perform critical governance roles.

Keywords: governance roles, legal system, standards, laws, binding law, product liability, patent law, contracts, administrative law, international trade, criminal law, legal professionals, legal education, FRAND