Competition and Antitrust Enforcement Against Standard Essential Patent in Asia

• DOI: 10.1177/0003603X17718682
• Published date: 01 September 2017
• Date: 01 September 2017

Article

Competition and Antitrust

Enforcement Against Standard

Essential Patent in Asia:

Introduction and Overview

Jianmin Dai*

Abstract

In recent years, competition and antitrust enforcement against standard essential patents (SEPs) in Asia

has drawn the world’s attention by prominent investigations as well as high-profile cases. While the

legal systems of the U.S. and EU are relatively more mature and sound, Asian countries are rapidly

improving. Four fast-growing Asian countries—China, Japan, Korea, and India—have focused on this

area, albeit with different points of emphasis, which are reflected in their legislation, judiciaries, and

enforcement practices.

Keywords

standard essential patent, competition, antitrust enforcement, intellectual property, royalty, FRAND

(fair, reasonable and nondiscriminatory), injunction, abuse

I. Introduction

The integration of standard essential patents (SEPs) has allowed the knowledge economy to achieve

ever greater effectiveness, but it has also led to abusive conduct such as refusal to license, charging

unfairly high royalties, abuse of injunctive relief, and so forth. In recent years, with study of U.S. and

European Union (EU) jurisprudence, the competition authorities and courts of Asian countries have

become more and more sophisticated in dealing with SEP-related antitrust cases. Meanwhile, due to

increasingly frequent communication and discussion among jurisdictions, solutions adopted by Asian

countries are becoming more consistent, while multi-national companies (MNCs) tend to suffer higher

risks. Apart from enforceme nt practice, the competiti on authorities of Asian count ries have also

drafted or revised their antitrust guidelines on the abuse of intellectual property rights (IPRs) and

solicited comments from practitioners and academics around the world.

*

Dentons Law Offices, Shanghai, 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) 443-446

ªThe Author(s) 2017

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DOI: 10.1177/0003603X17718682

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