The Chinese NDRC and State Administration for Industry & Commerce release separate draft antitrust guidelines on the abuse of IP rights for public comment

On 31 December 2015, the NDRC issued the Guideline on the Abuse of Intellectual Property Rights (Consultation draft) (NDRC draft IPR guideline) for public comment. The public consultation period ended on 20 January 2016. The NDRC provided an update on consultation process on 1 February 2016. It stated that over 60 organisations and individuals submitted comments. This included foreign competition authorities, international organisations, domestic and foreign businesses, industry associations, research organisations, and law firms. These organisations and individuals made over 260 comments and suggestions on the principals, basic framework, drafting style, and content of the guideline. The SAIC also released its own version of the IPR antitrust guideline for public comment. It

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Authors

  • University of Melbourne
  • China Competition Bulletin (Beijing)
  • Hogan Lovells (Beijing)
  • University of Melbourne

Quotation

Allan Fels, Xiaoye Wang, Adrian Emch, Wendy Ng, The Chinese NDRC and State Administration for Industry & Commerce release separate draft antitrust guidelines on the abuse of IP rights for public comment, 31 December 2015, e-Competitions December 2015, Art. N° 78796

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