What In-House Counsels Should Know About China’s Anti-Monopoly Law in the Intellectual Property Sector

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Authored by Mr. He Jing (hejing@anjielaw.com) at Anjie Law Firm

Introduction 

The IP-related antitrust enforcement in China has been a focal point among the industries and the international antitrust legal community for the last couple of years.The Qualcomm investigation by the National Development and Reform Commission (“NDRC”) is symbolic of what a large licensing company may encounter in China.

This brief will highlight the key events and the most relevant legal basis in the IPrelated antitrust fields in China.  Some of our readers may be surprised to realize the breadth and depth of the legal and business issues that have been addressed by the Chinese courts.Standards-related IP policies, FRAND royalty rates, refusal to license, patent pools, and injunction relief for standard essential patents are among the issues that have been heatedly debated among policy makers, judges, practitioners and industries.Some Chinese court cases are arguably among the very early decisions worldwide.The future enforcement activities and outcome of private antitrust lawsuits in China may likely continue impacting the trends.

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