Regulations on the Prohibition of Conduct Eliminating or
Restricting Competition by Abusing Intellectual Property Rights
took effect on August 1, 2015. The regulations give the
Administration for Industry and Commerce (AIC) the power to use
Chinese anti-monopoly law to deal with IP issues.
The regulations clarify that a dominant market position should
be determined according to articles 18 and 19 of the anti-monopoly
law and further clarify that ownership of IP rights is one of the
factors in determining a dominant market position, but it should
not be presumed solely because of such ownership.
The regulations provide market share safe harbours.
Specifically, unless it can be proved to have the effect of
eliminating or restricting competition, agreements between business
operators will not be determined as monopolistic agreements,
if:
