The application of the Chinese Anti-monopoly Law to anti-competitive practices of patent owners when exploiting their rights

Wang, Yuting (2018) The application of the Chinese Anti-monopoly Law to anti-competitive practices of patent owners when exploiting their rights. PhD thesis, University of Glasgow.

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Abstract

The thesis will examine the extent to which China’s Anti-monopoly Law effectively controls the anti-competitive practices of patent owners when exercising their patent rights. The relationship between intellectual property law and competition law is no longer contradictory but has evolved into a convergent and compatible one. The two bodies of law share the same goals to promote competition, encourage innovation and enhance consumer welfare in different ways. Therefore, it is appropriate and reasonable to apply competition law to regulate the exercise of intellectual property rights in certain circumstances. Given the specificity of patent rights and the legal and economic circumstances of China, the scope of the thesis will be limited to anti-competitive practices of patent owners when exercising their patent rights.
The research demonstrates the necessity and importance for China to apply its own Antimonopoly Law to address anti-competitive exercise of patent rights. However, China’s Anti-monopoly Law came into effect in 2008 and it seems not to work as effectively as it was expected in regulating such conduct. Despite great achievements, there are still deficiencies and uncertainty influencing the effective and efficient competition enforcement in the anti-competitive exercise of patent rights. The problems not only arise from China’s internal competition enforcement system but also arise from the lack of clear guidance from the competition enforcement authorities. Facing the challenging competition concerns in the 21st century, there are no effective measures available in China. It is not clear in what circumstances the failure to disclose patent interest in the standard setting process can result in antitrust liabilities and to what extent China’s Anti-monopoly Law should intervene. It is also uncertain how to keep a balance between the protection of patent rights and the maintenance of market competition when considering the seeking of injunctions before national courts by the owners of standard essential patents or the reverse payment patent settlement agreements.
Therefore, the thesis aims to provide some solutions to these problems to facilitate and improve the effective application of China’s Anti-monopoly Law to the exercise of patent rights. The proposals made in this thesis will be based on the valuable EU and US enforcement experience and case law but give significant consideration to the legal and economic context in China. The Law is stated as at 6 June 2018.

Item Type: Thesis (PhD)
Qualification Level: Doctoral
Keywords: Anti-monopoly Law, patent.
Subjects: K Law > K Law (General)
Colleges/Schools: College of Social Sciences > School of Law
Supervisor's Name: Greaves, Professor Rosa and Rahmatian, Professor Andreas
Date of Award: 2018
Depositing User: Miss Yuting Wang
Unique ID: glathesis:2018-30747
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 27 Aug 2018 08:52
Last Modified: 18 Sep 2018 10:51
URI: http://theses.gla.ac.uk/id/eprint/30747

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