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Unpublished Paper
PATENT DISPUTE IDENTIFICATION IN CHINA :HARMONY BETWEEN THE PROTECTION AND RESTRAINT
ExpressO (2007)
  • Dong Zhang
Abstract

How to keep a balance between restraining patent abuse and weakening local intervention has been a global issue, especially in such developing countries as China, while meeting a serious challenge of intellectual property protection. This article argues that patent right is definitely a kind of property, which must remain fully within the reach of antitrust law and it is against regulating special independent provisions in the drafted Chinese antitrust law to emphasize unduly on IP abuse. This requires an inquiry into intent that is consistent with antitrust essentials and preserves legitimate patent claims.

Keywords
  • Patent protection,
  • antitrust law,
  • local interest,
  • harmony in China
Disciplines
Publication Date
May, 2007
Citation Information
Dong Zhang. "PATENT DISPUTE IDENTIFICATION IN CHINA :HARMONY BETWEEN THE PROTECTION AND RESTRAINT" ExpressO (2007)
Available at: http://works.bepress.com/dong_zhang/4/