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ARTICLE · 13 MAY 2016

No Parking Zone: Chinese Antitrust Agencies Put The Boot On Foreign Patent Rights

Ever tried parking legally in the Big Apple, only to find a ticket awaiting upon your return? We've all been there, unfortunately.

United StatesAntitrust/Competition Law

Ever tried parking legally in the Big Apple, only to find a ticket awaiting upon your return?  We've all been there, unfortunately.  And now it appears that the same frustration may be coming to patent holders that own technology that other Chinese companies find to be attractive.

For the past year, antitrust enforcement agencies in China have published draft guidelines designed to inform companies how the agencies will apply antitrust law to the exercise of patents and other intellectual property rights.  But do those guidelines provide meaningful guidance in an area of regulatory uncertainty, or are they written in a way to lend themselves to whatever interpretation the regulators see fit in the interest of giving Chinese companies a competitive advantage?

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