China and EU Antitrust Review of Refusal to License IPR

China and EU Antitrust Review of Refusal to License IPR

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Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right ownersa€™ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right ownera€™s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right ownersa€™ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakingsa€™ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to Chinaa€™s anti-monopoly practice.... network effect, high switching cost, first mover advantage, superior technology based on previous heavy investment, allow ... -month cycle, has been alleged to be shortened to a 6-month cycle due to the rapid development of the mobile internet ... has witnessed the fall of the Nokiaa#39;s Symbian platform system and the rise of applea#39;s iOS and the Android platform. ... Jan 2013, available at http://ec., last visited on 20 July 2014, p4.

Title:China and EU Antitrust Review of Refusal to License IPR
Author:Dr. Tiancheng Jiang
Publisher:Maklu - 2015


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