Published: 3/10/16
Publication: Lexology
In recent years, the term ‘standard-essential patent’ has become a buzzword in Chinese antitrust practice. Standard-essential patents raise numerous issues, including with regard to the application boundaries of the Anti-monopoly Law, the balance between public and private rights and the future direction of enforcement and judicial practice.
The question of how to assess standard-essential patent-related activities under the framework of the Anti-monopoly Law has attracted the attention of both the antitrust authorities and players in many relevant markets – especially those in the high-tech sector. The Anti-monopoly Commission (which operates under the State Council) has taken the lead in this area by publishing the Anti-monopoly Guidelines on the Abuse of Intellectual Property Rights, in the hope of providing more specific and targeted guidance regarding Anti-monopoly Law enforcement relating to standard-essential patents.