The SAIC bridges IP and competition

May 20, 2015 | BY

clpstaff &clp articles

The SAIC's new Provisions emphasise the interplay between IP and competition, specifically agreements, restrictive acts, patent pools and standard essential patents. Businesses should learn from the Qualcomm and Huawei v InterDigital cases and be wary of large revenue-based penalties

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The State Administration for Industry and Commerce (SAIC) promulgated on 7 April 2015 the long-waited Provisions for the Prohibition of Acts of Abusing Intellectual Property Rights to Eliminate or Restrict Competition (Provisions) (关于禁止滥用知识产权排除、限制竞争行为的规定) which will enter into effect on 1 August 2015. The SAIC has come