Published: 3/8/16
Publication: Kluwer Patent Blog
Consider this hypothetical: a company discovered a new compound and obtained a patent on the compound. Later, this compound was discovered to be ten times harder than diamond. Soon, cutting tools made with this new compound replaced all other types of cutting tools, including diamond tools. Two years later, the company was garnering more than 90% of the cutting tool market in China. If the company refuses a reasonable licensing request, would this refusal be viewed as anticompetitive under the Chinese Anti-Monopoly Law?