A Vital Supreme People's Court Decision for IP Rights Holders in China

December 07, 2023 | BY

Susan Mok

Wei Huang, Wendy Zhou and Lujia Yu, antitrust specialists at Beijing Tian Yuan Law Firm, examine the landmark Supreme People's Court judgment in re Yangtze River Pharma et al. v HIPI Pharma et al

Summary

  • In a lengthy reasoned judgment in the case of re Yangtze River Pharma et al. v HIPI Pharma, the Supreme People's Court ruled on three IP-related or novel antitrust issues
  • The court also flagged the risk of erroneously interfering prices of patented or innovative products, and set out a three-step analytical approach to minimize the risk of misjudgement in this regard
  • The intersections between IPR and antitrust law are difficult areas, and China's top court is clearly making efforts to clarify important issues
  • This judgment gives IPR holders a clearer framework to assess their practices and build up antitrust safeguards

 

 

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