[Non-media event]
As China's Anti-Monopoly enforcement agencies (AMEAs) have become more aggressive in the past few years, a key area of concern for European and multinational companies is how Chinese competition law enforcement will handle the many issues that arise in the context of intellectual property (IP) rights. A number of important agency investigations and court decisions already have come to light in the technology and telecommunications industries, most notably a nearly USD 1 billion penalty imposed upon Qualcomm, and one of the AMEAs, the State Administration for Industry and Commerce (SAIC), earlier this year issued IP Guidelines that came into effect this August. Other active investigations have been reported in industries such as health care and automotive. Several merger reviews and remedies also have focused on IP issues.
There are widespread concerns that the AML is increasingly used in ways that favour Chinese licensees of intellectual property rights in their disputes with foreign licensors, and that the enforcement of IP rights in China can be defeated by the application of competition law. At the same time, revisions to the Patent and other IP laws and regulations also appear likely to give the Chinese State Intellectual Property Office (SIPO) and related IP courts increasing influence on competition issues from yet another direction.
The speakers for this event are leading international practitioners here in China in the areas of intellectual property and antitrust law, respectively. They will discuss some of the tensions between the application of the competition and IP laws in China and how they are likely to affect European companies operating in China. They also will discuss ways in which the risks associated with the current uncertainty about AML and IP enforcement can be sensibly addressed. This session is intended as an open discussion for and among members who also are welcome to share their own experiences and views.
AGENDA
16:00 – 16:05 Welcome words: Georgia Chiu, Vice Chair to the IPR Working Group
16:05 – 16:35 Presentation on AML from Competition Law Perspective by Peter J Wang, Partner at Jones Day
16:35 – 17:05 Presentation on AML from Patent perspective by Elliot Papageorgiou, Partner at Rouse
17:05 – 17:45 Q&A Session
17:45 – 18:30 Cocktail Reception
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IP-AT JD & RCI Presentation handout
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