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Refusal to License in EU and its Influences in China

Zhou, Yuan LU (2017) JAEM03 20161
Department 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)
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author
Zhou, Yuan LU
supervisor
organization
course
JAEM03 20161
year
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},
  keyword      = {EU Competition Law,China's Anti-Monopoly Law,Intellectual Property Rights,Innovation},
  language     = {eng},
  note         = {Student Paper},
  title        = {Refusal to License in EU and its Influences in China},
  year         = {2017},
}