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UPA Perpustakaan Universitas Jember

Antitrust treatment of standard essential patent abuse:China’s experience and lesson

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tIn recent years, how to constrain anti-competitive effects of the abuse ofstandard essential patents (SEP) has become a hot issue in terms of antitrustenforcement around the world. Since the Anti-Monopoly Law of China took effectin 2008, a number of cases have been investigated in this regard including theQualcomm case concluded by China’s antitrust powerhouse, the National Devel-opment and Reform Commission. China’s antitrust authorities have been makinguse of competition law as an effective weapon to balance the SEP power andto safeguard consumer rights in the telecommunication sector, and will continue todo so in the future. This article aims to review the laws and practices of the antitrustregulation of SEP abuse, cover the in-process guidelines of applying antitrust law inthe field of IPR and examines important cases. In addtion, an outline and a roadmapis presented alongside the laws and cas

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