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Academic Articles Awards > Asian Antitrust

New Chinese Rules on Abusing IPRs:What Does It Mean for the Exercise of IPRs after the Qualcomm Case?

Zhaofeng Zhou, 38 World Competition: Law and Economics Review 597, 2015

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Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

The adoption of the Abusing IPR Rules is a milestone in the development of China’s antitrust history due to the complexity of the IPR/antitrust interface and the profound impact that the Abusing IPR Rules will have on the IPR sector. Nevertheless, there are currently no articles which comprehensively explain and examine the Abusing IPR Rules. This article first explores the background of the adoption of the Abusing IPR Rules. Then, it examines the key provisions by comparing the relevant rules/guidance in the EU and US. Finally, it concludes that companies both international and domestic must make sure their competition compliance program updated and their business practice complied with Abusing IPR Rules.

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