China Seeks Comments on Draft Guidelines on IP Abuse

摘要

China's National Development and Reform Commission (NDRC) is seeking public comment on the latest draft to its proposed Anti-Monopoly Guidelines on Abuse of Intellectual Property. The draft was made public last week and covers a range of issues relating to the intersection of IP rights and antitrust law, including guidelines as to when practices such as patent pooling, cross-licensing, standards setting, and seeking injunctive relief may unlawfully restrict competition. The guidelines also discuss how to define certain conditions such as the relevant market, what constitutes a dominant market position, and what behaviors may be considered abuse of that position.