Intellectual Property Rights and Antitrust in China

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China’s Anti-Monopoly Law came into effect on August 1, 2008, following its enactment on August 30, 2007 after 13 years of drafting. China enacted the Third Amendments to its Patent Law on December 26, 2008, effective October 1, 2009. The interaction of the 2 laws is a concern to antitrust and intellectual property law practitioners interested in the legal landscape in China, and those businesses in China with significant intellectual property portfolios and market presence. This article summarizes the AML and discusses those aspects that may have particular impact on intellectual property rights, as well as the provision of the Patent Law that implicates competition law issues. While China ultimately decided to omit what it terms patent abuse as a specific aspect of the Patent Law, it is clearly concerned with the issue and appears to be relying on the Anti-Monopoly Law to deal with the concern.

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