Avoid competition problems in China
China's long-awaited Anti-Monopoly law comes into effect on August 1, but its impact on IP owners is far from certain, explain Kirstie Nicholson and Zirou Liu
Intellectual property grants a monopoly that enables the right holder to prevent others from manufacturing, distributing, selling or using products that make use of the relevant intellectual property. Competition law, including China's Anti-Monopoly Law (AML), on the other hand, aims to prevent a monopoly situation and to safeguard fair market competition. However, IP and competition laws do also have certain common aims, including the promotion of innovation and the protection of consumers. It is therefore possible for IP rights to exist within the permitted boundaries of competition laws; however, where actions are taken that go beyond the legitimate protection of IP, competition concerns may arise....
Only subscribers have complete access to Managing IP,
log in or
subscribe now.
Alternatively take a
free trial, giving you seven days access to Managing IP and regular newsletters for the international IP community, and US and Canadian practitioners specifically.
Subscribe Now
This article is available to subscribers. Please click subscribe to read the rest of the article.
Subscribe
Take a free trial
Please take a free 48-hour trial to gain limited access. Some articles and surveys may be excluded.
Take a free trial