Antitrust Enforcement Against Standard Essential Patents in China

Published date01 September 2017
Date01 September 2017
Antitrust Enforcement Against
Standard Essential Patents
in China
Jianmin Dai
, Zhisong Deng
, and Song K. Jung
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.
intellectual property rights, standard essential patent, antitrust enforcement, FRAND, Qualcomm,
Huawei, royalty, injunction
I. Overview
In todays 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.
The Antitrust Bulletin
2017, Vol. 62(3) 453-464
ªThe Author(s) 2017
Reprints and permission:
DOI: 10.1177/0003603X17718681

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