While patents are a relatively new phenomenon in China, the country has become a major player in patent applications and patent grants around the world. Currently, the concept of patent pledges by which patent owners willingly diminish their rights to benefit from their patents is, in general, new and unfamiliar to Chinese patent holders. Although a number of Chinese companies in the information and communication technology (ICT) sector have made patent pledges to license on fair, reasonable, and non-discriminatory (FRAND) terms as participants of various standards development organizations (SDOs), there is no evidence that Chinese companies have actively made patent pledges outside an SDO. Like many other countries around the world, China is active in enforcing FRAND commitments, the most well-known form of patent pledges. China’s approach to analysing and enforcing FRAND commitments has been under the abuse of dominance framework of its competition law.
Global Perspectives on Patent Law’s Private Ordering Frontier
Elizabeth Xiao-Ru Wang
Jian Wu, Xiao Wang and Zhe Yang
Environmental tax reform is now accelerating in China. Most existing studies on environmental tax policy design focus on national- and regional-level impacts, but it is crucial to understand the impact of different policy designs at the enterprise and industry level, since their choice and behavior change has a fundamental impact. This chapter uses enterprises’ relative efficiency as the proxy for enterprise competitiveness, and estimates the potential change of enterprise competitiveness under different policy scenarios using the DEA-RAM model. By observing these changes and their directions, we are able to work out enterprises’ behavior choices under the policy scenarios.This chapter creates a combination of three scenarios of environmental tax, production and emissions, to analyze the impact of environmental tax on enterprises’ production and emissions behavior. This chapter uses the DEA-RAM model to estimate the change of relative efficiency of enterprises. This model allows us to involve negative output (e.g., emissions), and give more flexibility on the sample size, so it is more applicable to achieve the objectives of this study. The chapter presents the following findings. (1) The current pollution fee policy is inefficient; its poor enforcement weakens the incentive for enterprises to adjust their behavior. (2) Enterprises with different ownership and scales perform with great discrepancy in different industries. (3) Carbon tax demonstrates a strong incentive to stimulate the production behavior change of enterprises while for companies with good potential of fuel substitution emissions tax may stimulate more pollutant reduction. In light of these findings we provide somerecommendations for policy reform.