Intellectual Property Rights and Antitrust in China

Posted by Social Science Research Network

Intellectual Property Rights and Antitrust in China Yee Wah Chin (Ingram Yuzek Gainen Carroll & Bertolotti, LLP)

Abstract: China’s Anti-Monopoly Law (AML) came into effect on August 1, 2008, following its enactment the year before and 13 years of drafting. China enacted the Third Amendments to its Patent Law on December 26, 2008, effective October 1, 2009. This chapter summarizes the AML, and discusses those aspects that may have particular impact on intellectual property rights (IPR), as well as the provision of the Patent Law that implicates competition law issues and the implementing regulations and Judicial Interpretations relating to those laws that involve the IPR-competition law interface.