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China and EU Antitrust Review of Refusal to License IPR (Hardcover) (Dr. Tiancheng Jiang)
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Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners' unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarified within existing competition rules how to assess a right owner's specific unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners' refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings' refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China's anti-monopoly practice. Dr. Tiancheng Jiang is a Chinese lawyer with a master's degree in international economic law from the East China University of Political Science and Law. He completed his PhD in competition law at the Ghent European Law Institute (Ghent University, Belgium). His research interests focus on the European competition law and the development of Chinese anti-monopoly law, particularly on those innovative issues at the intersection of the enforcement of competition law and the protection of intellectual property rights.