China’s Anti-Monopoly Law: Balancing IP & Antitrust Enforcement Issues
In an effort to prevent abuses of intellectual property rights, China’s State Administration of Industry and Commerce (SAIC) has released the Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Eliminate or Restrain Competition (“IPR Rules) in April 2015. The IPR Rules addresses monopolistic agreements and abuse of market dominance as two anticompetitive conduct categories.
However, crucial antitrust and IP concerns are now worrying foreign companies, including the United States, since China’s trading partners with prevailing market positions could be pressured to license technology to competitors. Failing to do so may lead to violations of China's antitrust policy guidelines. Thus, it is important for companies especially for the Standards Essential Patents (SEPs) holders to keep themselves abreast with these new competition rules to effectively balance IP & Antitrust enforcement issues and, therefore, minimize risks.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will offer an in-depth discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding China's Anti-Monopoly Law. Speakers will also offer best practices in developing and implementing effective compliance strategies.
Key topics include:
- SAIC’s IPR Rules
- Antitrust and Intellectual Property Issues
- Possible Implications on Standards Essential Patents (SEPs) Holders
- Recent Legal Developments
- Best Compliance Practices
Gabriella Liu, Partner
IParagon Law Firm
- Overview of IP Environment in China
- Compulsory Requirements in IP Licensing
- Compulsory Licensing under the Patent Law
- Current IP & Antitrust Legislation and Cases
- Overview of the 7th Draft IP Guidelines
- Guidance on Effect of Licensing Practice on Competition
Alex Okuliar, Partner
Orrick, Herrington & Sutcliffe LLP
- treatment of standard essential patents;
- patent assertion entities and those seeking “high” prices for IP;
- enforcement trends against non-Chinese companies.
- Some other topics:
- patent pools
- similarities between the Chinese and US IP Guidelines.
Wei Tan, Vice President
- How to define relevant technology market and calculate market shares in technology market
- How to assess market power for intellectual property right holders.
- What could be the justifiable reasons for exclusive dealings, tying, restrictive conditions and discriminatory treatment
- How the provision could affect Standard Essential Patent owners
Who Should Attend:
- IP Lawyers
- Patent Owners
- International Antitrust Lawyers
- Antitrust Regulators
- Antitrust Agencies
- Legal Advisers
- In-House Counsel
Gabriella Liu is the chief partner and the head of the firm’s intellectual property practice group. Ms. Gabriella started her career as a corporate and foreign direct investment lawyer for the first two years, and since then she has moved to practice intellectual property and technology law for about 20 years till today. Ms. Liu still passionately loves her IP and technology practice today and is especially interested in the interplay of patent law and antitrust issues in China. Prior to co-founding Beijing IParagon, Ms. Liu was a partner and co-head of IP Legal Practice Group of King & Wood Mallesons PRC Lawyers and practiced from KWM’s Beijing, Shenzhen, Hong Kong & Silicon Valley Offices from 2006 to 2011, and previously she had worked for many years with Deacons, Baker & McKenzie Hong Kong Office and Johnson Stokes & Master in Hong Kong.
Gabriella Liu is the chief partner and the head of the firm’s intellectual property practice group. Ms. Gabriella started her …
Alex Okuliar is a partner based in Orrick’s Washington DC office. Before joining the firm in 2015, he served as an antitrust advisor to US FTC Commissioner Maureen Ohlhausen and a trial attorney in the US DOJ Antitrust Division’s Networks & Technology Enforcement Section. During his government tenure, he helped shape and implement federal competition policy for intellectual property issues, including as to FRAND obligations, standard-essential patents, patent assertion entities, patent pools, pharmaceutical “reverse payment” patent litigation settlements, and related matters.
Alex maintains a wide-ranging antitrust and competition practice, advising and representing clients in government mergers and conduct investigations and defending against private antitrust litigation. He is a frequent writer and speaker on novel and complex competition issues. Among his written works, he recently contributed a chapter to the widely-read Intellectual Property and Antitrust Handbook (2d ed. 2015) and currently is co-editing an update to the Handbook on the Antitrust Aspects of Standard Setting (forthcoming 2017). Alex is a member of the American Bar Association’s Section of Antitrust Law and recently was appointed co-chair of the Section’s IP Committee.
Alex Okuliar is a partner based in Orrick’s Washington DC office. Before joining the firm in 2015, he served as …
Wei Tan is a Vice President in Compass Lexecon’s Washington, DC office. Dr. Tan’s areas of expertise include industrial organization, applied econometrics, and antitrust economics. Dr. Tan has conducted research, prepared expert reports and presented his research numerous times before Chinese antitrust enforcement agencies, including the Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC), and the State Administration of Industry and Commerce (SAIC). He has led economic analyses and assisted in the preparation of expert reports and testimony in Chinese Court. He has experience in analyzing a broad spectrum of industries, including pharmaceuticals, telecommunications, microprocessors, chemicals, shipping, and computer equipment. He has provided training courses on topics including the evaluation of the competitive effects of mergers and acquisitions, the application of economics in litigation against horizontal and vertical agreements, and on the evaluation of intellectual property rights.
Previously, Dr. Tan was the Chair of Economics Department at Hanqing Advanced Institute of Economics and Finance at Renmin University of China and an Academic Affiliate of NERA Economic Consulting. He has taught courses in economics and econometrics at Johns Hopkins University, Renmin University of China and State University of New York at Stony Brook. His research is published in peer-reviewed international journals such as the Review of Industrial Organization, Advances in Econometrics, Journal of Econometric Method, Concurrences Review and Competition Policy International.
Dr. Tan holds a Ph.D. in economics from The Johns Hopkins University, an M.A. in economics from the University of Miami, and a B.A. in economics from Wuhan University.
Wei Tan is a Vice President in Compass Lexecon’s Washington, DC office. Dr. Tan’s areas of expertise include industrial organization, …
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About IParagon Law Firm
Headquartered in Beijing and with branches in Hongkong, Beijing IParagon Law Firm is a leading Chinese law firm providing comprehensive legal services to sophisticated clients across industries in the challenging areas of IP, technology law, antitrust , IP litigation, antitrust litigation, corporate law (particularly in IP assets driven M&A), commercial law, start-up consulting, entertainment law, sports law, bio-tech, green-tech, agriculture law and wine law. With nearly 20 years of legal practice, IParagon partners and lawyers have helped many Fortune 500 and World 1000 companies penetrate and grow their target markets in China, and have helped them navigate the twists and turns of doing business in China.
About Orrick, Herrington & Sutcliffe LLP
A trusted advisor for thousands of clients over its storied 150-year history, Orrick ranks among the world’s top law firms, with recognition as a “Global 20” firm by Law360. With more than 1,000 lawyers in offices across Europe, Asia, the United States and Africa, our global platform offers clients a distinctive combination of local insight and consistently high quality.
Orrick focuses on handling complex transactions and high-stakes disputes for clients in three sectors globally: tech, finance and energy & infrastructure. This sector-based focus enables the firm to bring a deep understanding of clients’ businesses and their markets.
The firm’s Antitrust practice draws upon deep experience in navigating the most complex antitrust issues that clients face – dominant firm conduct, mergers, joint ventures, distribution restrictions, and antitrust compliance are only some of the areas in which we regularly advise clients. We have particular fluency in antitrust issues facing technology companies. Lawyers in our practice group have served in the Antitrust Division of the U.S. Department of Justice, the U.S. Federal Trade Commission, the European Commission, and the UK’s Office of Fair Trading (now part of the UK Competition and Markets Authority) – a decided edge when representing clients in lawsuits and investigations brought by government regulators.
About Compass Lexecon
One of the world’s leading economic consulting firms, Compass Lexecon provides law firms, corporations and government clients with clear analysis of complex issues. We have been involved in a broad spectrum of matters related to economics and finance – providing critical insight in legal and regulatory proceedings, strategic decisions and public policy debates. Our experience and expertise apply to virtually any question of economics, in virtually any context of the law or business.
At Compass Lexecon, we believe that critical economic issues – whether in connection with litigation, regulatory review, strategic planning or other corporate activities – are best understood when subjected to a rigorous empirical analysis. Our firm is known for developing a thorough understanding of the issues that face our clients, relating those issues to relevant economic theory, and then supporting our analysis with solid and persuasive empirical evidence. One of our most valuable assets is our ability to present complex concepts and data in an understandable manner. Our successes in the courtroom and before regulatory agencies over the years have validated our approach.
Compass Lexecon was created in 2008 through the combination of Competition Policy Associates (Compass) and Lexecon. Lexecon was founded in 1977 and pioneered the application of economics and finance to legal and regulatory issues in litigation cases; Competition Policy Associates was founded in 2003.