Antitrust Enforcement Against Standard Essential Patents in China

Entering into the ninth year of the Anti-Monopoly Law of the People’s Republic of China (AML) in force, China has tackled high-profile cases, promulgated and implemented relevant rules and interpretations in regard to the interface between anti-monopoly and intellectual property rights, while relevant guidelines are in process at the same time. On one hand, the competition authorities in the tripartite system of antitrust enforcement have respectively shown their attitudes towards relevant issues concerning intellectual property rights (IPR)–related anticompetitive conducts by initiating investigations and drafting guidelines. On the other hand, judicial remedies tend to be applied for in parallel, when enterprises who suffered anticompetitive treatment filed complaints to courts.