9 Anti-Competitive Agreements and Intellectual Property Licensing in China

Subject(s):

Monopoly — Licensing — Jurisdictions

This chapter looks at how the Chinese competition legislation system is mainly composed of the AML, the Anti-Unfair Competition Law of PRC (the “AUCL”), and relevant guidelines and circulars. Based on the principle of good faith and recognized business ethics, the AUCL protects undertakings from suffering anti-competitive conducts so as to maintain a competitive market and protect the interests of consumers. Meanwhile, the AML focuses more on competition itself, requiring enough competitors in the market in order to provide freedom of choice for counter parties/consumers and improve the economic efficiency and social welfare of consumers.