|Don't get caught
out in Asia
That’s certainly what the American Chamber of
Commerce in China suggested, in a
report published last month. It said members were concerned
about "selective and subjective enforcement" and that companies
were being forced to license patents at low royalty rates.
The concerns follow high-profile investigations into
InterDigital, as well as opposition in China and Korea to
the Microsoft-Nokia merger.
In the cover story in Managing IP’s November
issue, now available online, our Asia editor Peter Leung
examines antitrust issues in Australia, India and China, and
asks whether there is any truth to these perceptions and
whether foreign companies are in fact soft targets.
It’s a complex story, and Peter provides a
guide to the overlapping jurisdiction of China’s
three government agencies with responsibility for competition
law (Mofcom, the SAIC and the NDRC) as well as recent
developments in Australia (the Harper Review) and India (where
antitrust enforcement has been focused on copyright licensing
and the automobile industry).
blogged earlier this year about FRAND issues in China, but
his latest analysis confirms that antitrust investigations can
affect all IP owners, whatever rights they own and whatever
industry they are in. The likelihood is that scrutiny in Asia
will only increase as local economies grow and IP becomes more
prominent. International rights owners need to be prepared.
Subscribers can read "
Asian governments focus on IP and competition issues" now.
Non-subscribers can access it with a free trial.
Bobby Dohil with any access enquiries.