Edited by Gustavo Ghidini, Hanns Ullrich and Peter Drahos
Chapter 4: Intellectual property, standards, and antitrust: a new life for the essential facilities doctrine? Some insights from the Chinese regulation
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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