Competition and Antitrust Enforcement Against Standard Essential Patent in Asia

Published date01 September 2017
Date01 September 2017
Competition and Antitrust
Enforcement Against Standard
Essential Patent in Asia:
Introduction and Overview
Jianmin Dai*
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.
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.
The Antitrust Bulletin
2017, Vol. 62(3) 443-446
ªThe Author(s) 2017
Reprints and permission:
DOI: 10.1177/0003603X17718682

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