China’s Approach To Compulsory Licensing Of Intellectual Property Under Its Anti‐Monopoly Law

By Xinzhu Zhang on March 17, 2011

Dr. Michael Jacobs and Dr. Xinzhu Zhang, Director at Global Economics Group, address the controversial topic of Intellectual Property Rights in China. In China’s Approach To Compulsory Licensing Of Intellectual Property Under Its AntiMonopoly Law (Competition Policy International, Vol. 6, No. 2, 2010), Dr. Jacobs and Dr. Zhang discuss preliminary steps that should be taken to address whether and on what terms courts and competition regulators should compel a dominant firm to license its powerful intellectual property to a smaller rival. They conclude that Chinese authorities should issue specific regulations and guidelines to clarify the meaning and likely application of the legal rules guiding law enforcement, ensure that enforcement agencies make independent decisions on compulsory lending, and stress efforts to build capacity in law enforcement. China’s Approach To Compulsory Licensing Of Intellectual Property Under Its AntiMonopoly Law

About the Author

Name
Xinzhu Zhang
Title/Location
Director, Beijing
Phone
+86 (10) 6522 5034
Expertise
Antitrust/Competition Policy