The China’s State Administration for Industry and Commerce publishes guidelines on application of the anti-monopoly law to intellectual property rights

After years of discussions, China's State Administration for Industry and Commerce finally has released its guidelines on the application of the PRC Anti-Monopoly Law ("AML") to intellectual property rights ("Guidelines"). The Guidelines will come into force on August 1, 2015. The Guidelines are published amid widespread concerns that the AML is increasingly used in ways that favor Chinese licensees of intellectual property rights in their disputes with foreign licensors. In the Huawei/Interdigital case, the courts came to the conclusion that Interdigital's licensing practices amounted to an abuse of a dominant position, notably by tying standard-essential patents and non-essential patents but also because the royalty rate was too high. In the Qualcomm case, the National Development

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

Quotation

Peter J. Wang, Sébastien J. Evrard, Yizhe Zhang, The China’s State Administration for Industry and Commerce publishes guidelines on application of the anti-monopoly law to intellectual property rights, 7 April 2015, e-Competitions Bulletin April 2015, Art. N° 73740

Visites 98

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues