IPR Protection and Antitrust Regulation of SEPs in China

24 Pages Posted: 10 Jun 2019

See all articles by Liyang Hou

Liyang Hou

Shanghai Jiao Tong University (SJTU) - KoGuan Law School

Mengchi Tian

Shanghai Jiao Tong University (SJTU), KoGuan Law School

Date Written: May 3, 2019

Abstract

This paper explores the practice of IPR protection and antitrust regulation of standard essential patents (SEPs) in China and discusses whether the licensing of SEPs should be regulated in a way different from other patent cases. With regard to IPR protection, the Chinese judiciary has actively taken a role in patent infringement trials. Differences are observed in SEP infringement lawsuits as compared to ordinary patent cases in terms of non-infringement defense, counter-injunction defense, and damages. In relation to antitrust regulation, the Chinese competition agencies and the courts have mainly focused on price-related abuses and SEP-related merger review, and paid particular attention to the possibility of SEP holders leveraging, tying SEPs with non-SEPs, and charging high royalty fees. Since SEPs have raised a different issue than other types of IPRs, a delicate balance between protecting the private interest of the SEP holders and the public interest of standardization will have to be re-struck.

Keywords: IPR Protection, Antitrust Regulation, FRAND, SEP, Abuse of Dominance

Suggested Citation

Hou, Liyang and Tian, Mengchi, IPR Protection and Antitrust Regulation of SEPs in China (May 3, 2019). Available at SSRN: https://ssrn.com/abstract=3382593 or http://dx.doi.org/10.2139/ssrn.3382593

Liyang Hou (Contact Author)

Shanghai Jiao Tong University (SJTU) - KoGuan Law School ( email )

Huashan Road 1954
Xuhui District
Shanghai, Shanghai 200030
China
+86-21-6293-4632 (Phone)

HOME PAGE: http://law.sjtu.edu.cn/TeacherDetail123.aspx

Mengchi Tian

Shanghai Jiao Tong University (SJTU), KoGuan Law School ( email )

Shanghai, 200030
China

Register to save articles to
your library

Register

Paper statistics

Downloads
20
Abstract Views
101
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information