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

8 Intellectual Property Rights and China’s Competition Law Enforcement: Implications for Foreign Rights Holders

Mark Williams

From: Competition Law and Intellectual Property in China

Edited By: Spyros Maniatis, Ioannis Kokkoris, Xiaoye Wang

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 12 December 2019

Subject(s):
Monopoly — Intellectual property rights (IPR) — Jurisdictions

This chapter examines whether China's current competition law provisions and its enforcement practices are in fact an adjunct to an industrial policy of coerced technology transfer or not. To achieve this, China's stated industrial strategy as envisaged in the China 2025 policy are considered, and the provisions of the AML and subordinate legislation discussed. The chapter explores the use to which the specific abuse of IPR provisions have been put to date, as well as the use of other provisions in the AML, particularly the abuse of dominance provision to achieve similar aims. The chapter concludes with an assessment of the likely future treatment of IPR-rich multinational corporations under China's competition regime.

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