A PYMNTS Company

China’s Approach to Compulsory Licensing of Intellectual Property Under Its Anti-Monopoly Law

By  |  November 5, 2010
China’s Approach to Compulsory Licensing of Intellectual Property Under Its Anti-Monopoly Law

Michael Jacobs, Xinzhu Zhang, Nov 05, 2010

While a discussion of the misuse of Intellectual Property Rights (IPRs) can be quite broad, this paper focuses on one aspect of a significant question regarding the relationship between antitrust and IP laws:Whether and on what terms courts and competition regulators should compel a dominant firm to license its powerful intellectual property to a smaller rival. As many know, this question has already generated substantial controversy, largely because the relevant law in the United States and Europe provide markedly different answers. In China’s context, since compulsory licensing of IP is so complicated and subtle an issue, it may be too soon to recommend any specific approach. Certainly, more discussion and research are needed. However, as outlined in this paper, certain preliminary steps should be taken.

    Get the Full Story

    Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required.

    yesSubscribe to our daily newsletter, PYMNTS Today.

    By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.