China’s NDRC paying close attention to possible monopoly problems in the area of patent pools

Published by MLex 10 November 2016.

China’s National Development and Reform Commission, or NDRC, China’s antitrust enforcer, is paying close attention to possible monopoly issues related patent pools, MLex has learned.

Some patent pool arrangements could be suspected of breaching China’s Antimonopoly Law through conduct including reaching horizontal cartel agreements and imposing excessive licensing fees, it is said.

A patent pool is an arrangement involving two or more companies that agree to cross-license patents involving a particular technology.

The NDRC’s draft guidelines on abuse of intellectual property rights elaborate on principles for IP antitrust enforcement and spell out rules to govern potential antitrust breaches, including patent pooling arrangements and excessive licensing fees, refusals to license, bundling, the imposition of unreasonable or discriminatory trading conditions, and abusive uses of injunctions.

	Eliot Gao

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