NDRC Drafts Anti-Monopoly Guidelines Against IPR Abuse

On June 3, the Bureau of Price Supervision and Anti-Monopoly of the National Development and Reform Commission (NDRC) kicked off drafting work of the Anti-Monopoly Guidelines Regulating Abuse of Intellectual Property Rights. Based on the China Anti-Monopoly Law, the Guidelines aim to regulate such behaviors as IPR-related monopoly agreements, abuse of market dominant position and concentration of undertakings, and specify the conditions for immunity claims.

The Guidelines will have significant impact on the exercise of intellectual property rights and product and service sales in technology-intensive industries such as information and communications, pharmaceuticals, medical equipment, and automobiles.

According to a news report on Sina.com, the NDRC will commission legislation research work to third-party research institutes, and publish a draft for public comment. The State Council Anti-Monopoly Committee will in the end review and release the Guidelines as an administrative regulation.