The Chinese State Administration of Industry and Commerce makes another attempt to define anticompetitive exercise of intellectual property rights

In mid-August, 2012, the Chinese State Administration of Industry & Commerce (SAIC) released a Draft Guide on Anti-Monopoly Law Enforcement in the Field of Intellectual Property Rights in a conference open to media and public [1]. That was the fifth draft in a series, and a newstep after three years of stagnancy. The previous four drafts had been completed between 2008 and 2009, but the drafting project adjourned since then. This article introduces the background of the Draft IPR Guidelines, summarizes the key provisions from a critical point of view, and discusses some of the most important issues surrounding the draft. I. The Background The making of the IPR guidelines is a responsive move to address outside world's concern over China's competition policy in the intellectual

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  • University of International Business & Economics (Beijing)

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Richean Li, The Chinese State Administration of Industry and Commerce makes another attempt to define anticompetitive exercise of intellectual property rights, 14 August 2012, e-Competitions August 2012, Art. N° 50292

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