SAMR Issues Anti-monopoly Guidelines on Standard Essential Patents
On November 11, the State Administration for Market Regulation (SAMR) issued the Anti-monopoly Guidelines on Standard Essential Patents (the "Guidelines"), effective on the date of issuance.
The Guidelines primarily address the following issues: information disclosure, licensing commitments and good faith negotiations related to standard essential patents (SEPs); monopoly agreements involving SEPs; abuse of dominance related to SEPs; and concentrations of undertakings related to SEPs. The Guidelines require undertakings to fulfill compliance obligations, such as information disclosure, from the perspectives of fair market competition and anti-monopoly regulatory enforcement, while clarifying how these compliance requirements relate to the identification of monopolistic practices. Additionally, the Guidelines outline scenarios involving potential monopoly agreements during the standard-setting and implementation process, as well as patent pools and other monopoly agreements involving SEPs.
(Source: State Administration for Market Regulation)