Book review: Competition Law and Intellectual Property in China

Two major themes in IP have recently been IP developments in China and issues at the intersection of IP and competition.  If you are interested in both of those topics, a new book on point has recently been published by Oxford University Press - "Competition Law and Intellectual Property in China", edited by Ioannis Kokkoris, Spyros Maniatis, and Xiaoye Wang.

The book opens with an introductory overview of the development history of China's intellectual property legal system, the dual track approach regulating IP in China (i.e., administrative management and judicial protection); and with an overview on competition law, anti-monopoly law and the relationship between the latter and IP. 

Chapter 2-5 focuses on the different IP rights both from a theoretical and a practical standpoint, including patent requirements and procedure from filing to granting, patent litigation, and an entire chapter focused solely on intellectual property courts in China. This chapter outlines the main features, characteristics and also the shortcomings of the national IP courts system implemented for the time being in the three most heavily IP-litigated courts, i.e., Beijing, Shanghai, and Guangzhou.

The rest of the book (Chapter 6-12) describes, from a legal, judicial as well as policy perspective, various aspects at the intersection between competition law and intellectual property. These include the law and enforcement of copyright and competition law, including specific attention to the burden of proof in court; the grounds for and implications of the Huawei v IDC case concerning SEPs and competition; as well as implications for foreign right holders related to enforcement of IP and competition law. Dedicated chapters are also on licensing, abuse of dominance and IP, merger control and its implications for innovation in China.

Needle maker sign of origin -Jinan
dating back 1000 years

The book includes the analysis and implications of a number of court cases in the key topics of interest, which, together with the historical, policy and legal aspect, offers an insightful view into the Chinese legal system and procedure.

As an end-note,in discussing competition law and industrial policy in China, authors B. Ong and T. Tao underline that:

"It is likely that China's competition law regime will continue along this industrial-policy-influenced trajectory in the near future, at least until its domestic economic development agenda and attitudes towards intellectual property evolve further in response to these economic reforms"

This book is undoubtedly an important tool for both in-house counsel, advisers and litigators confronted with the Chinese system. This book can offer a substantial basis also for legal scholars, especially with regard to comparative law studies in IP and competition law. And indeed, a useful resource as the battle for IP jurisdiction gets underway...

What the editor says:

The edited volume will adopt a thematic approach to some controversial issues in the area of competition law and IP in China and will include contributions from leading academics and practitioners. The combination of the editors as well as the contributors' expertise on competition and IP law, and their practical experience and perspectives, guarantees that the book will present a high quality up to date, detailed analysis of the different perspectives that these jurisdictions take in the enforcement of competition and IP law.

The volume discusses the current trends as well as the future challenges of the enforcement in these areas. The book aims to further the understanding of these controversial and fast paced issues by offering insights and recommendations on the basis of a comprehensive and thoughtful analysis. It therefore aims to become the ultimate point of reference to scholars, law and policy makers, and other stakeholders.

Info:
ISBN: 9780198793526

Ioannis Kokkoris; Spyros Maniatis; Xiaoye Wang (Editors)

Cristina Volpin (Associate editor)
Published by: Oxford University Pres

Contributors:  Ioannis Kokkoris; Spyros Maniatis; Xiaoye Wang; Ken Dai; Yajie Gao; Fabio Giacopello; Xi Liao; Duncan Matthews; Anna Mitchell; Burton Ong; Charles Pommiès; François Renard; Guan H. Tang; Tao Tao;  Mark Williams; Xiuqin Lin; Alan Xu;  Fay Zhou; Dong Zhu.
Published: 7 February 2019

Format: Hardback

Price: £125
Pages: 336 

Available from Oxford University Press