An Update On China's Anti-Monopoly Law Guidelines On IP
Law360, New York ( December 15, 2015, 10:58 AM EST) -- This fall, two of China's three Anti-Monopoly Law (AML) agencies, the National Development and Reform Commission and the State Administration for Industry and Commerce, issued draft guidelines on the application of the AML to matters involving intellectual property rights.[1] According to a press release issued by the SAIC, all three AML agencies are expected to submit separate (and reportedly competing) versions of the draft guidelines to China's State Council by the end of January 2016. The final guidelines will purportedly bind all three agencies, although there is some dispute over whether they would preempt the AML-IP rules that the SAIC released earlier this year. The outcome of this process is particularly important given the critical role of IP rights to innovation and the demonstrated propensity of the Chinese agencies to apply the AML to foreign rights holders....
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