The Anti-monopoly Commission of China’s State Council releases a Draft for Comments of Anti-monopoly Guidelines on Abuse of Intellectual Property Rights

I. Introduction On March 23, 2017, the Anti-monopoly Commission of China's State Council released the Anti-monopoly Guidelines on Abuse of Intellectual Property Rights (Draft for Comments) (hereinafter referred to as the 'Draft') on the official website of the Ministry of Commerce of China. The Draft mainly covers provisions on three aspects involving intellectual property rights (IPRs) - monopoly agreements, abuse of market dominant position, and concentration between undertakings, and it also elaborates on the analysis principles, analysis framework, definition of the relevant market, and considerations of eliminating or restricting competition with respect to antitrust matters and intellectual property. Notwithstanding a number of points covered in the Draft, this article seeks to

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  • Global Law Office (Beijing)

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Gao Liang, The Anti-monopoly Commission of China’s State Council releases a Draft for Comments of Anti-monopoly Guidelines on Abuse of Intellectual Property Rights, 23 March 2017, e-Competitions Bulletin December 2017, Art. N° 85372

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