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Competition Law and Intellectual Property in China

Edited by Spyros Maniatis, Ioannis Kokkoris, Xiaoye Wang

Abstract

The last few years have seen an intense enforcement record of the Public Republic of China Anti-Monopoly Law (“AML”) by the Chinese competition authorities, Ministry of Commerce (“MOFCOM”), State Administration for Industry and Commerce (“SAIC”) and National Development and Reform Commission (“NDRC”). They actively enforce the AML through voluminous investigations and the courts have issued several thorough and intriguing judgments with respect to AML disputes. In relation to IP enforcement, all of China's IP laws are undergoing transformation — patent, trademark, and copyright laws — as well as numerous other IP-related regulations, including standards measures; service invention regulations; and regulations related to criminal enforcement. In addition, other more general laws have been amended or are under reform with important implications for global IP enforcement. The civil procedure law was recently amended, with potentially important repercussions for IP rights holders, particularly in terms of provisional measures for trade secrets. This book presents an up-to-date, detailed analysis of the different perspectives that these jurisdictions take in the enforcement of competition and IP law. It discusses the current trend as well as the future challenges of the enforcement in these areas and aims to further our understanding of these controversial and fast-paced issues by offering insights and recommendations on the basis of a comprehensive analysis.

Bibliographic Information

Spyros Maniatis, editor

Ioannis Kokkoris, editor

Xiaoye Wang, editor


Contents

Competition Law and Intellectual Property in China edited by Maniatis, Spyros; Kokkoris, Ioannis; Wang, Xiaoye (31st January 2019)