10 Abuse of Dominance and Intellectual Property in China

Subject(s):

Defining abuse of dominant position — Monopoly — Abuse of dominant position, IPR — Jurisdictions

This chapter discusses the developments in relation to an abuse of a dominant market position in the IP space in recent years and explores the issues calling for the detailed guidance between the IP and competition law regimes. First, it sets out the current rules on abuse of dominance under the AML, then it describes the legislative framework in China for assessing an abuse of dominance in an IP context. The latter part of the chapter summarises the key enforcement cases and private actions that relate to an abuse of dominance in the IP sector in China, then highlights the influence the enforcement actions and cases have had on the shaping of the IP guidelines being drafted by the Chinese authorities. Finally, the chapter shows how specific abuses of a dominant position are assessed in an IP context under the guidelines and the case law.