Antitrust Enforcement Against Standard Essential Patents in China

• Published date: 01 September 2017
• Date: 01 September 2017
• Author: Jianmin Dai,Song K. Jung,Zhisong Deng
• DOI: 10.1177/0003603X17718681

Article

Antitrust Enforcement Against

Standard Essential Patents

in China

Jianmin Dai

*

, Zhisong Deng

**

, and Song K. Jung

***

Abstract

Entering into the ninth year of the Anti-Monopoly Law of the People’s Republic of China (AML) in

force, China has tackled high-profile cases, promulgated and implemented relevant rules and inter-

pretations in regard to the interface between anti-monopoly and intellectual property rights, while

relevant guidelines are in process at the same time. On one hand, the competition authorities in the

tripartite system of antitrust enforcement have respectively shown their attitudes towards relevant

issues concerning intellectual property rights (IPR)–related anticompetitive conducts by initiating

investigations and drafting guidelines. On the other hand, judicial remedies tend to be applied for in

parallel, when enterprises who suffered anticompetitive treatment filed complaints to courts.

Keywords

intellectual property rights, standard essential patent, antitrust enforcement, FRAND, Qualcomm,

Huawei, royalty, injunction

I. Overview

In today’s global economy, the intersection between antimonopoly and intellectual property rights

(IPRs) is drawing increasing attention, along with the development of science and technology, as well

as global economy. In particular, due to the globalization of information and communication technol-

ogy, the requirements for compatibility and interoperability continue to grow. This, in turn, triggers

complicated antitrust issues concerning the licensing of standard essential patents (SEPs) at the

international level. In this regard, courts and competition enforcement authorities worldwide have

shown their concerns and grappled with relevant issues, by formulating regulatory documents and

strengthening judicial and enforcement practices. Meanwhile, more and more enterprises, especially

those who act as holders or implementers of SEPs, have also realized the role of antitrust enforcement

*

Dentons Law Offices, Shanghai, China

**

Dentons Law Offices, Beijing, China

***

Practice Group of Intellectual Property & Technology, Dentons, China

Corresponding Author:

Jianmin Dai, Dentons Law Offices, 15th/16th Floor, Shanghai Tower, 501 Yincheng Road (M), Pudong New Area, Shanghai,

200120, China.

Email: jianmin.dai@dentons.cn

The Antitrust Bulletin

2017, Vol. 62(3) 453-464

ªThe Author(s) 2017

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DOI: 10.1177/0003603X17718681

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