Search

Abstract: This paper will focus on the recent development of the Chinese IP abuse legislation and its potential impact on IP protection and the operation of technology-driven foreign enterprises in China. Firstly, it will provide a brief overview of the TRIPS''s requirements on IPR abuse and technology transfer, and the recent development of IP abuse laws at the domestic level, particularly in the US and the EC. Secondly, by drawing a comparison with similar laws in the US and the EC, this paper will critically examine the recent development of the Chinese laws regarding technology transfer and IP abuse prevention, including both the recently enacted Anti-Monopoly Law 2008 (AML) and other prior-AML regulations. Thirdly, the paper will examine both opportunities and potential risks these laws may bring to foreign IP holders/technology-driven companies when operating in China, particularly focusing on the impact of the IP-related provision in the AML. Recent development in antitrust litigation in which Microsoft is a party, including the recent anti-monopoly investigation against Microsoft in China, will also be examined. Lastly, it will provide some practical suggestions for foreign IP holders and technology-driven companies to operate in China, such as useful defences against potential IP abuse claims, and other strategies for flexibly applying the IP abuse rules and better participating in future IP abuse legislative process in China. [Copyright &y& Elsevier]

Numerous studies have shown that our knowledge of the scope of patent activity and patent technology distribution in a developing country like China is inadequate. Literature searches indicate that there are papers on patent activities and international competitiveness in major developed countries. However, the majority of these researches were not based on the International Patent Classification (IPC) System analysis, only a few have applied IPC as a research tool.This paper describes a study of patent activities of US organizations in China. The researchers of the study employed the IPC system, conducted searches on several Chinese patent databases and undertook a technology assessment using 118 IPC classes to examine the distribution of US origin patent applications in China in various technological fields. The findings from this study have provided a clearer picture and better understanding of the US patenting activities in China.The results of the technology distribution of US origin patent applications in China, together with the top ten IPC classes of US origin applications and the top 20 US organizations that filed most patent applications in China from April 1985 to March 1999 are presented. [Copyright &y& Elsevier]