UNILATERAL REFUSALS TO LICENSE INTELLECTUAL PROPERTY AND INTERNATIONAL COMPETITION POLICY

Author(s):  
Wang Xianlin

Since the Anti-Monopoly Law was enforced in China more than eight years ago, important achievements have occurred, as well as challenges for further development. In addition to challenges relating to amending legislation, strengthening enforcement, improving the judicial process, and ensuring strict compliance, etc, there are four issues that will be focused on here, namely: taking monopoly industries as a breakthrough to further promote the enforcement of China’s Anti-Monopoly Law (both administrative and civil antitrust enforcement should focus on prominent monopolistic conducts in typical monopoly industries); properly handling the coordination between industrial policy and competition policy; promoting the cooperation between the Anti-Monopoly Law and intellectual property law; and cultivating China’s competition culture.


Author(s):  
Véronique Pouillard

Intellectual property rights and country-of-origin labels are two different and often complementary mechanisms of protection. Entrepreneurs in the luxury business use them to inform the consumer and the custom authorities, to protect their innovations and know-how, and also to enhance the narratives of their brands. These protective mechanisms are historically contingent and subject to reinforcement or weakening due to the entrepreneurs’ lobbying, due to governmental protectionism, and more generally due to international competition. Intellectual property rights are not complete systems of protection and present numerous asymmetries between various countries and industries. This chapter also addresses both the effectiveness and the weaknesses of intellectual property rights and of nation branding in informing the consumer, and in deterring the production and purchase of substitute products.


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