Intellectual Property Antitrust Laws in China: Retrospect and Prospect (2008 – 2018)

By Zhao Ye – 

This article divides the development of the intellectual property antitrust mechanism in China into three stages, namely (i) the exploration stage (2000 to 2012), which laid down the ground for legislation, enforcement, and the application of laws mainly from theoretical and legislative perspectives; (ii) the active stage (2012 to 2015), which begins from the trial of Huawei v. Interdigital case and ends with the penalty decision against Qualcomm; and (iii) the post-Qualcomm Investigation stage (2015 to 2019), during which focus is on reflection of previous practices and legislation of the intellectual property antitrust mechanism – cautiousness and reason was the theme at this stage. The author believes that the intellectual property antitrust regime will continue to develop and improve, with the re-organization of the enforcement authorities and the nation-wide awareness of the importance of protecting intellectual property.

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