Patent Right in China: Influences from the West and China’s Responses

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

he protection of patent rights when domestic patent holders are gaining ground in terms of the quality of their patents. On the other hand, China is using its antitrust law to limit the power of foreign SEP holders. From this perspective, the Chinese government is using antitrust laws to achieve what it cannot do by patent law. Under the TRIPS Agreement, there is no room for discriminatory treatment in patent law. Through the aggressive enforcement of antitrust laws, however, the Chinese authorities can limit the patent rights of foreign holders while at the same time empowering domestic patentees. Legal rules in China in the field of patent law are an interesting case study. China accepted patent law from the West and also created many unique responses along the way. Many of these unique responses fulfilled their temporal missions and gradually became less important. Now China is using another Western legal concept, antitrust law, to create the optimal patent law environment for its needs.
Original languageEnglish
Title of host publicationLegal Thoughts between the East and the West in the Multilevel Legal Order
PublisherSpringer Singapore
Pages475-489
Number of pages15
ISBN (Electronic)9789811019951
ISBN (Print)9789811019944
DOIs
StatePublished - 12 Nov 2016

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