Antitrust enforcement against abuse of IPRs and anti-competitive conduct in the high-technology sector — an update from China

On April 26, 2013, the State Administration for Industry and Commerce (SAIC) – one of China’s three antitrust law enforcement bodies – noted on its website that it had held a meeting with certain industry participants to obtain feedback on the latest draft Regulation on the Prohibition of Conduct Eliminating or Restricting Competition through Abuses of Intellectual Property Rights (Draft IPR Abuse Regulation). In a conference at Peking University on April 28, SAIC officials gave additional comments on the draft regulation. 

The request for feedback on the draft regulation is just the latest in a series of developments in relation to antitrust enforcement in the field of intellectual property rights (IPRs). It also illustrates the ever-increasing impact of antitrust law on the high technology sector more generally. In this update, we discuss the development of the Draft IPR Abuse Regulation as well as judgments by the Guangdong High People’s Court in the Qihoo 360 v. Tencent case and by the Shenzhen Intermediate People’s Court in the Huawei v. InterDigital dispute.

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