Standards and the Law

Standardization: Journal of Research and Innovation, Vol. 2, no. 2, p. 15, 2023

U of Penn Law School, Public Law Research Paper No. 23-18

9 Pages Posted: 19 May 2023

See all articles by Cary Coglianese

Cary Coglianese

University of Pennsylvania Carey Law School

Date Written: May 13, 2023

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

Suggested Citation

Coglianese, Cary, Standards and the Law (May 13, 2023). Standardization: Journal of Research and Innovation, Vol. 2, no. 2, p. 15, 2023, U of Penn Law School, Public Law Research Paper No. 23-18, Available at SSRN: https://ssrn.com/abstract=4452726

Cary Coglianese (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-6867 (Phone)

HOME PAGE: http://www.law.upenn.edu/coglianese

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