China and EU Antitrust Review of Refusal to License IPR

Know about the book -

China and EU Antitrust Review of Refusal to License IPR is written by Dr. Tiancheng Jiang and published by Maklu. It's available with International Standard Book Number or ISBN identification 9046607623 (ISBN 10) and 9789046607626 (ISBN 13).

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 owners’ 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 owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ 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 undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.