IPR Antitrust Guidelines

By Susan Ning, Cheng Liu and Shenglan Liu  King & Wood Mallesons’Commercial & Regulatory Group

Cning_susanhuntitledina’s top antitrust authority, the Anti-monopoly Commission (“AMC”) of the State Council is to issue the integrated IPR antitrust guidelines. AMC has entrusted three antitrust enforcement agencies, the National Development and Reform Commission (“NDRC”), the State Administration of Industry and Commerce (“SAIC”) and the Ministry of Commerce (“MOFCOM”), and the State Intellectual Property Office (“SIPO”) with the task of drafting antitrust guidelines on intellectual property rights (IPRs). It is reported that these agencies are finalizing their respective draft guidelines and will submit the drafts to AMC by the end of March 2016. Since AMC is responsible for coordinating antitrust policies in China, it will take the lead to consolidate the said four draft IP guidelines and issue an integrated one.
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