China issues antitrust guidelines for standard essential patents

BEIJING, Nov. 8 (Xinhua) -- China's top market regulator on Friday issued guidelines to strengthen regulations on antitrust behaviors pertaining to standard essential patents (SEP).

The guidelines, unveiled by the State Administration for Market Regulation, consist of six chapters and 22 articles. The document has defined SEP-related concepts, put forth analysis principles for antitrust behaviors and established a set of supervision rules, among others.

A standard essential patent is a patent that protects an invention essential to a particular technology standard. In the era of the digital economy, technology standardization plays an important role in enhancing product interconnectivity, promoting international and domestic trade and boosting economic growth.

With rules clearly laid out, the guidelines will help promote fair market competition and protect the driving forces of industrial innovation and development, according to the administration.

As SEP licensing covers a wide spectrum of industries and involves increasingly diverse entities and complex modes, antitrust supervision and enforcement are faced with challenges.

The introduction of the guidelines will foster a well-regulated market environment that encourages innovation, promote China's high-level opening up and enhance the international competitiveness of Chinese industries, analysts said.