Features

Asia’s antitrust regulators target IP

By Jacob Schindler

Antitrust compliance has become one of the most important aspects of conducting IP business in Asia. IAM shines a light on the region’s key competition watchdogs, their new patent policies and what these mean for rights holders

The innate tensions between monopoly-creating patent law and trust-busting competition law have come decisively to the fore of patent practice in recent years. This is especially true in Asia’s major patent jurisdictions – both developed and developing – where the regulators’ IP policies have become just as important a consideration as the applicable patent laws and the prevailing attitudes of the courts. In the standard-essential patent space especially, antitrust authorities in China, India, South Korea and Japan have all produced policy revisions or major investigative findings in the past year, seeking to bring clarity to a hitherto grey area of legal overlap. Could a consensus on these issues be emerging and, if so, what might this mean for patent owners?

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