Refusal to License in EU and its Influences in China
(2017) JAEM03 20161Department of Law
- Abstract
- Refusal to license involves the interface area between IP law and competition law. An undertaking has the right to refuse to license its IPRs to any other undertakings according to IP law. Meanwhile, this right can be limited by competition law. Competition law, in certain circumstances, prohibits a refusal to license IPRs by a dominant undertaking which constitutes an abuse of a dominant position. Moreover, every jurisdiction has its own method on regulating whether a refusal to license constitutes an abuse. EU’s method is set out in Article 102 TFEU and case law of CJEU. A dominant undertaking’s refusal to license can be confirmed as an abuse only in exceptional circumstances, after the examination of the market concerned and the... (More)
- Refusal to license involves the interface area between IP law and competition law. An undertaking has the right to refuse to license its IPRs to any other undertakings according to IP law. Meanwhile, this right can be limited by competition law. Competition law, in certain circumstances, prohibits a refusal to license IPRs by a dominant undertaking which constitutes an abuse of a dominant position. Moreover, every jurisdiction has its own method on regulating whether a refusal to license constitutes an abuse. EU’s method is set out in Article 102 TFEU and case law of CJEU. A dominant undertaking’s refusal to license can be confirmed as an abuse only in exceptional circumstances, after the examination of the market concerned and the analysis of the undertaking’s behavior. This method is concluded as an exceptional circumstances test which has been diversely explained based on each case’s specific facts in EU case law. China’s legislation on refusal to license in the field of competition law has been influenced by EU. China followed the EU’s method at the legislative level, while at the practical level the Chinese competition authorities and the courts are hesitating to apply and enforce those new competition legislations. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/8903525
- author
- Zhou, Yuan LU
- supervisor
- organization
- course
- JAEM03 20161
- year
- 2017
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- EU Competition Law, China's Anti-Monopoly Law, Intellectual Property Rights, Innovation
- language
- English
- id
- 8903525
- date added to LUP
- 2017-02-21 11:57:59
- date last changed
- 2017-02-21 11:57:59
@misc{8903525, abstract = {{Refusal to license involves the interface area between IP law and competition law. An undertaking has the right to refuse to license its IPRs to any other undertakings according to IP law. Meanwhile, this right can be limited by competition law. Competition law, in certain circumstances, prohibits a refusal to license IPRs by a dominant undertaking which constitutes an abuse of a dominant position. Moreover, every jurisdiction has its own method on regulating whether a refusal to license constitutes an abuse. EU’s method is set out in Article 102 TFEU and case law of CJEU. A dominant undertaking’s refusal to license can be confirmed as an abuse only in exceptional circumstances, after the examination of the market concerned and the analysis of the undertaking’s behavior. This method is concluded as an exceptional circumstances test which has been diversely explained based on each case’s specific facts in EU case law. China’s legislation on refusal to license in the field of competition law has been influenced by EU. China followed the EU’s method at the legislative level, while at the practical level the Chinese competition authorities and the courts are hesitating to apply and enforce those new competition legislations.}}, author = {{Zhou, Yuan}}, language = {{eng}}, note = {{Student Paper}}, title = {{Refusal to License in EU and its Influences in China}}, year = {{2017}}, }