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The anti-monopoly provisions in the field of intellectual property were revised, focusing on the licensing of standard essential patents
Release Time：
2022-07-07
Recently, the State Administration of Market Supervision has publicly solicited comments on the Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition (Draft for comments), and the deadline for feedback is July 27, 2022. The main content of the amendment includes four aspects, including modifying the name of the regulations, improving the anti-monopoly system rules in the field of intellectual property rights, and improving the anti-monopoly rules in key areas such as standard and essential patents.
Recently, the State Administration of Market Supervision has publicly solicited comments on the Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition (Draft for comments), and the deadline for feedback is July 27, 2022.
The main content of the amendment includes four aspects, including modifying the name of the regulations, improving the anti-monopoly system rules in the field of intellectual property rights, and improving the anti-monopoly rules in key areas such as standard and essential patents.
In terms of improving the anti-monopoly system rules in the field of intellectual property rights, the following points are specifically included: First, it is clear that monopoly acts in the field of intellectual property rights include reaching monopoly agreements, abusing market dominance and having or may have the effect of excluding or restricting competition. The second is to refine the institutional rules of abuse of market dominant position in the field of intellectual property rights, increase the considerations for determining market dominant position, and improve the rules for determining behavior such as restricted transactions, tying, and attaching unreasonable restrictions. The third is to increase specific provisions on the declaration, examination and additional restrictive conditions for the concentration of business operators involving intellectual property rights.
In terms of improving the antitrust rules in key areas such as standard essential patents, the following points are specifically included: First, improve the monopoly agreement on patent pooling and the abuse of market dominant position. The second is to clarify the monopoly agreement situation in the formulation and implementation of standards, and improve the abuse of market dominance in the licensing of standard essential patents. The third is to add provisions on monopoly behavior of copyright collective management organizations.
Source: Sinon Land daily IP
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