Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Friday, July 12, 2019

IPR Protection and Antitrust Regulation of SEPs in China

Liyang Hou Shanghai Jiao Tong University (SJTU) - KoGuan Law School and Mengchi Tian Shanghai Jiao Tong University (SJTU), KoGuan Law School explore IPR Protection and Antitrust Regulation of SEPs in China.

ABSTRACT: This paper explores the practice of IPR protection and antitrust regulation of standard essential patents (SEPs) in China and discusses whether the licensing of SEPs should be regulated in a way different from other patent cases. With regard to IPR protection, the Chinese judiciary has actively taken a role in patent infringement trials. Differences are observed in SEP infringement lawsuits as compared to ordinary patent cases in terms of non-infringement defense, counter-injunction defense, and damages. In relation to antitrust regulation, the Chinese competition agencies and the courts have mainly focused on price-related abuses and SEP-related merger review, and paid particular attention to the possibility of SEP holders leveraging, tying SEPs with non-SEPs, and charging high royalty fees. Since SEPs have raised a different issue than other types of IPRs, a delicate balance between protecting the private interest of the SEP holders and the public interest of standardization will have to be re-struck.

https://lawprofessors.typepad.com/antitrustprof_blog/2019/07/ipr-protection-and-antitrust-regulation-of-seps-in-china.html

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