Legislation roundup: SEP Antitrust, Arbitration Law draft, and Market Value of Listed Companies

November 18, 2024 | BY

Susan Mok

SAMR defines relevant markets for standard essential patents. Arbitration Law draft provides for interim measures. CSRC issues rules to instruct listed companies to manage its market value.

Antitrust

State Administration for Market Regulation, Anti-Monopoly Guidelines for Standard Essential Patents
国家市场监督管理总局标准必要专利反垄断指引

The substitution analysis method shall be used to define the relevant goods market for a standard essential patent. In a specific case, the relevant goods market for a standard essential patent is mainly the technology market and the market for the product or service on which the standard is implemented. With respect to the technology market, a demand substitution analysis of whether there is a close substitution relationship between different standards, between different standard essential patents, between the standard essential patent and a non-standard-essential patent, between the standard essential patent and non-patented technology, etc. shall be conducted Where necessary, a supply substitution analysis may additionally be conducted from the perspective of the standard and the supply of the standard essential patent.

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