Shiying, Xu --- "Intellectual Property Protection and Competition Law" [2011] ELECD 849; in Kariyawasam, Rohan (ed), "Chinese Intellectual Property and Technology Laws" (Edward Elgar Publishing, 2011)

Book Title: Chinese Intellectual Property and Technology Laws

Editor(s): Kariyawasam, Rohan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800082

Section: Chapter 12

Section Title: Intellectual Property Protection and Competition Law

Author(s): Shiying, Xu

Number of pages: 25

Extract:

12. Intellectual property protection
and competition law
Xu Shiying1

12.1. INTRODUCTION

With the conflict between the protection of Intellectual Property and the
new Chinese Anti-Monopoly Law (AML), together with economic devel-
opment and the advance of science and technology, there remains little
doubt that intellectual property (IP) in China is playing an increasingly
important role in global competition and is penetrating almost every level
and field of international economic relations. Intellectual property rights
(IPRs) comprise abstract property rights created by IP-based law. If we
consider IP as a type of `product', then IP laws not only stipulate how this
`product' is produced but also set the standard for both the import and
export of IP across national borders. The World Trade Organization's
(WTO's) Agreement on Trade-Related Aspects of IPRs (TRIPS) provides
the highest degree of protection for IPRs at an international level. Also,
other WTO agreements influence the manufacture, circulation and use
of IP by affecting the flow of other relevant factors to the market. IPR
rights holders may find themselves in a position in which they can abuse
their position of dominance or engage in anti-competitive behaviour by
virtue of their ownership of IP. This potential anti-competitive conduct is
not only harmful to other competitors' legal rights and interests but can
also interfere with the natural order of competition and social benefits.
Since regulation by IP law may sometimes be inadequate to deal with anti-
competitive practices, anti-monopoly law is ...