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- Preliminary Material
- Main Text
- 1 Introduction to IP and Anti-Monopoly Legislation and Practice in China
- 2 Patent Type Requirements and Procedure from Filing to Granting
- 1 Introduction
- 2 Definition and Requirements for Granting Patent
- 2.1 Invention, utility model, and design
- 2.2 Duration
- 2.3 Conditions for granting invention and utility model patents
- 2.4 Conditions for granting a design patent
- 2.5 Coexistence between utility model patent and application for invention patent
- 2.6 Co-ownership of the invention
- 2.7 Employees’ inventions
- 2.8 Right to be named inventor
- 2.9 Transfer, licence, and pledge
- 2.10 Compulsory licence
- 2.11 Foreign applicant filing patent in China
- 2.12 Chinese applicant filing patent abroad—National security scrutiny
- 2.13 Scope of protection
- 3 Procedure from Filing to Granting Patent
- 3.1 Patent application: invention and utility model
- 3.2 Convention priority (Article 29)
- 3.3 Grace period
- 3.4 Amendments
- 3.5 Withdrawal of the application
- 3.6 Preliminary examination
- 3.7 Publication and granting of utility model and design
- 3.8 Substantive examination
- 3.9 Office action
- 3.10 Patent Prosecution Highway and accelerated examination
- 3.11 Publication and granting
- 3.12 Re-examination
- 3.13 Termination
- 3.14 Invalidation
- 3 Patent Litigation in China
- 1 Status of Patent Lawsuits in China
- 2 Legal Framework of Chinese Patent Infringement System
- 3 How to Litigate a Patent Case in China
- 4 Existing Problems of the Chinese Patent System and the Potential Reforms
- 4 Trademarks and Related Rights in China
- 5 Intellectual Property Courts in China
- 1 Introduction
- 2 Background to the Establishment of China’s IP Courts
- 3 Rationale for the Establishment of Specialized IP Courts
- 4 Main Features of the Specialized IP Court System
- 5 Characteristics of the Specialized IP Courts in China
- 6 Shortcomings in the Specialized IP Court System
- 7 Conclusion
- Bibliography
- 6 Copyright and Competition: Law and Enforcement in the People’s Republic of China
- 7 SEPs and Competition Law: From the Perspective of Huawei v IDC Case
- 8 Intellectual Property Rights and China’s Competition Law Enforcement: Implications for Foreign Rights Holders
- 9 Anti-Competitive Agreements and Intellectual Property Licensing in China
- 1 Introduction
- 2 Legislation and Practice Prior to the AML
- 3 Legislation and Practice since the AML
- 4 Conclusion and Looking Forward
- 10 Abuse of Dominance and Intellectual Property in China
- 1 Abuse of Dominance under the AML
- 2 Legislative Framework for Assessing Abuse of Dominance in an IP Context
- 3 Enforcement Cases and Private Actions in Relation to IP
- 4 Influence of Investigation Decisions and Case Law on the Authorities’ Guidelines
- 5 Abuses of a Dominant Position in an IP Context
- 6 Conclusion
- 11 Competition Law and Industrial Policy in China
- 1 Introduction
- 2 The Competition Law Framework in China
- 3 Industrial Policy in China
- 4 Merger Regulation in China: Industrial Policy and State-owned Enterprises
- 5 Industrial Policy Considerations in the Application of the AML to Intellectual Property Rights
- 6 Conclusion
- 12 Merger Control and its Impact on Innovation in China*
- 1 Introduction
- 2 Innovation at the Core of the Chinese Government’s Industrial Policy
- 3 Innovation and Chinese Competition Law
- 4 Innovation-related Issues as Grounds for Interventions
- 4.1 Concentration as a threat to innovation
- 4.1.1 The 2009 Coca-Cola/Huiyuan case
- 4.1.2 The 2011 Seagate/Samsung HDD and 2012 Western Digital/Hitachi GST cases: The hard-disk drive saga
- 4.1.3 The 2013 MediaTek/MStar case
- 4.1.4 The 2015 Freescale/NXP case
- 4.1.5 The 2017 Dow/Dupont case
- 4.1.6 The 2017 Silicon Precision Industries/Advanced Semiconductor Engineering case
- 4.2 Concentrations leading to new barriers to entry
- 4.3 Concentrations reducing access to technologies
- 4.3.1 The 2011 General Electric/CSCLC case
- 4.3.2 The 2012 Google/Motorola case
- 4.3.3 The 2012 ARM/G&D/Gemalto case
- 4.3.4 The 2013 MediaTek/MStar case
- 4.3.5 The 2014 Microsoft/Nokia case
- 4.3.6 The 2014 Merck/AZ Electronic Materials case
- 4.3.7 The 2014 Corun/Toyota/PEVE/Sinogy case
- 4.3.8 The 2015 Nokia/Alcatel Lucent case
- 4.4 The promotion of innovation as an efficiency defence
- 4.1 Concentration as a threat to innovation
- 5 Conclusion
- Further Material
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