ANTI-ABUSE OF INTELLECTUAL PROPERTY RIGHTS UNDER THE ANTI-MONOPOLY LAW: CHINAâS APPROACHES
In: Frontiers of Law in ChinaSearch for other papers by GU Minkang in
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Even though Chinaâs first Anti-Monopoly Law (AML) was effective on August 1, 2008, the implementation of Article 55 has been delayed until 2014 when several actions were taken. For examples, several foreign giant intellectual property holders were investigated for possible abuse of their intellectual property rights and the State Administration for Industry and Commerce released the Rules on Prohibiting Conducts of Abusing Intellectual Property Rights by Excluding or Restricting. The underlying message is obvious: China starts to pay more and more attention to the protection of intellectual property (IP) rights on the one hand, she decides to seriously deal with the abuse of intellectual property rights by intellectual property owners, especially those giant international companies. Because the issue of how to balance the tension between IP law and the AML is a new topic in China, this paper intends to outline the prevailing experiences from foreign jurisdictions especially from the United States and European Union and to propose some useful strategies and approaches, which are fit into Chinaâs reality.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
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ANTI-ABUSE OF INTELLECTUAL PROPERTY RIGHTS UNDER THE ANTI-MONOPOLY LAW: CHINAâS APPROACHES
In: Frontiers of Law in ChinaSearch for other papers by GU Minkang in
Current site
Google Scholar
PubMed
Even though Chinaâs first Anti-Monopoly Law (AML) was effective on August 1, 2008, the implementation of Article 55 has been delayed until 2014 when several actions were taken. For examples, several foreign giant intellectual property holders were investigated for possible abuse of their intellectual property rights and the State Administration for Industry and Commerce released the Rules on Prohibiting Conducts of Abusing Intellectual Property Rights by Excluding or Restricting. The underlying message is obvious: China starts to pay more and more attention to the protection of intellectual property (IP) rights on the one hand, she decides to seriously deal with the abuse of intellectual property rights by intellectual property owners, especially those giant international companies. Because the issue of how to balance the tension between IP law and the AML is a new topic in China, this paper intends to outline the prevailing experiences from foreign jurisdictions especially from the United States and European Union and to propose some useful strategies and approaches, which are fit into Chinaâs reality.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 234 | 25 | 1 |
| Full Text Views | 20 | 0 | 0 |
| PDF Views & Downloads | 28 | 0 | 0 |
