Comment of the Global Antitrust Institute, George Mason University School of Law, on the National Development and Reform Commission’s Anti-Monopoly Guide on Abuse of Intellectual Property Rights
20 Pages Posted: 14 Nov 2015 Last revised: 20 Nov 2015
Date Written: November 12, 2015
Abstract
This comment is submitted to China's National Development and Reform Commission (NDRC) by the Global Antitrust Institute (GAI) at George Mason University School of Law in response to the NDRC's Draft Abuse of Intellectual Property Rights Guideline. The GAI Competition Advocacy Program provides a wide-range of recommendations to facilitate adoption of economically sound competition policy, including how to analyze conduct involving standard-essential patents, as well as refusals to license, the essential facilities doctrine, discriminatory licensing, “unfairly high” pricing, bundling, cross-licensing, grantbacks, charging for expired patents, and the use of no-challenge clauses.
Keywords: China, National Development and Reform Commission, Antitrust, Intellectual Property, Patents, Holdup, Antimonopoly, Unfairly High Pricing, Excessive Pricing
JEL Classification: K21, L4, L5
Suggested Citation: Suggested Citation