Kritika: Essays on Intellectual Property
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Kritika: Essays on Intellectual Property

Volume 2

Edited by Gustavo Ghidini, Hanns Ullrich and Peter Drahos

The fields of intellectual property have broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. Kritika: Essays on Intellectual Property is a series of books designed to fulfil this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Volume 2 covers issues such as inter alia the current limits of knowledge and approaches to intellectual property, a functional account of intellectual property rights, China’s approach to innovation and intellectual property, the emergence of multi-layered IP-protection for designed objects, and the trajectory of increased protection for intellectual property.
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Chapter 4: Intellectual property, standards, and antitrust: a new life for the essential facilities doctrine? Some insights from the Chinese regulation

Giuseppe Colangelo and Roberto Pardolesi

Abstract

It is still controversial whether the intellectual property–antitrust interface should be viewed as a conflict or a finalistic convergence. The recent Chinese Regulation on the ‘Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights’ provides the opportunity to update the analysis of this real (or apparent) conflict. Keywords Antitrust, intellectual property, essential facility doctrine, standards, standard essential patents, F/RAND commitments

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