Anti-monopoly law enforcement, the medical machinery industry is being focused on "care"
China will carry out the "patent rogue" behavior of technology-intensive enterprises. The author was informed on the 3rd that the National Development and Reform Commission's Price Supervision and Inspection and Anti-Monopoly Bureau organized a preparatory meeting to formally launch the research drafting of the Guide to Abuse of Intellectual Property Anti-monopoly Regulations (hereinafter referred to as the "Guide"). Experts said that the drafting and promulgation of the Guide will have a substantial impact on the exercise of intellectual property rights in the fields of information and communication, medicine, medical devices and other products and services.
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The medical device industry is being focused on "care"
It is reported that the Guide will refine the relevant provisions of the Anti-Monopoly Law for monopolistic agreements related to intellectual property rights, abuse of market dominance and concentration of operators, especially for specific situations where specific exemptions can be granted.
The author understands that technology-intensive industries such as information and communication, medicine, medical equipment, automobiles, agricultural machinery, seed industry, etc. are high-risk areas for monopolistic behavior in the field of intellectual property rights. The “IDC case†and “Qualcomm case†sponsored by the National Development and Reform Commission and the General Administration of Industry and Commerce Microsoft antitrust investigations are all concerned with intellectual property abuse, and the implementation of stronger anti-monopoly enforcement in these industries has become a trend.
"Although the patent right has a great role in promoting the prosperity and development of technology, if it is allowed to become a tool for the right holder to obtain monopoly interests, then the so-called 'patent 蟑螂' or 'patent hooligans' will become a reality. A stumbling block to technological progress and industrial development.
At the same time, improper or excessive anti-monopoly law enforcement may also hit innovation and lead to insufficient research and development. "The officials of the Price Reform Bureau of the National Development and Reform Commission pointed out that it is the focus of anti-monopoly law enforcement in the field of intellectual property rights to balance intellectual property rights and anti-monopoly.
In April this year, the State Administration for Industry and Commerce promulgated the "Provisions on the Prohibition of Abuse of Intellectual Property Rights to Exclude and Restrict Competition", which provides for the exercise of non-price monopoly agreements and abuse of market dominance.
Shi Jianzhong, a professor at the China University of Political Science and Law, pointed out that the "Guide" drafted by the National Development and Reform Commission is expected to make three major monopolistic behaviors, such as price and non-price monopoly agreements related to intellectual property rights, abuse of market dominance, and concentration of operators. In particular, in what circumstances, the exemption may be claimed in accordance with Article 15 of the Anti-Monopoly Law, and the circumstances may be determined to have specific guidelines for the “legitimate reasons†required by Article 17, thereby reducing the law enforcement agencies. Discretionary space, reducing corporate compliance costs and other purposes.
Basing on the local to learn from other countries
It is understood that in the working procedures, the next step of the National Development and Reform Commission will entrust relevant parties to carry out targeted research and form a preliminary draft on this basis. Afterwards, the NDRC will extensively solicit opinions from relevant parties, form a mature draft on the basis of full research and argumentation, and solicit public opinions in accordance with legal procedures. After discussion, the State Council's Anti-monopoly Committee will issue them.
As for how to draft the Guide, Lu Yanchun, deputy director of the Price Supervision, Inspection and Anti-Monopoly Bureau of the National Development and Reform Commission, said that it is necessary to deal with the four aspects: the relationship between the local and the world's advanced experience, the relationship between rule certainty and institutional flexibility, The relationship between problem-oriented and moderately forward-looking, comprehensive improvement of rules and choices.
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