New Chinese Rules on Abusing IPRs—- What does it mean for the exercise of IPRs after Qualcomm case?

(Author: Dr. Zhaofeng Zhou, Partner; Source: Bird & Bird)

The State Administration for Industry and Commerce ("SAIC"), one of the three Chinese Antimonopoly Enforcement Authorities which is responsible for non-price related anti-competitive activities, published Rules on Abuses of Intellectual Property Rights Eliminating or Restricting Competition ("Abusing IPR Rules") on April 13[1]. The Abusing IPR Rules were approved by Mr. Mao Zhang, the head of SAIC on April 7 and will come into effect on August 1, 2015 which is exactly 8 years after Antimonopoly Law ("AML") came into effect.

The SAIC has spent years drafting the Abusing . . .

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