International IPR

June 2018

Competition, Innovation and Intellectual Property… The Elusive Balance

In this article, Philip Lowe assesses the progress made so far in promoting international convergence in antitrust law and practice. Considerable efforts have been made to reach consensus between jurisdictions, both on substance and process. The OECD and the International Competition Network...Read More

November 29, 2017
European Commission

Communication from the European Commission: Setting out the EU Approach to Standard Essential Patents

Communication from the European Commission to the European Parliament, The Council and the European Economic and Social Committee, Setting out the EU Approach to Standard Essential Patents

Standards ensure that interoperable and safe technologies are widely disseminated among companies...Read More

May 2017
Wong-Ervin, Koren

Problematic Aspects of the Japan Fair Trade Commission’s Proposed Distribution Guidelines

In April 2017, the Japan Fair Trade Commission (JFTC) released its proposed revisions to its Guidelines Concerning Distribution Systems and Business Practices Under the Antimonopoly Act (Draft Guidelines). While the Draft Guidelines appropriately recognize that vertical restraints may have...Read More

May 2017
Wong-Ervin, Koren

International Competition Policy Expert Group: Report and Recommendations

In March 2017, the U.S. Chamber of Commerce released a report and recommendations on International Competition Policy (Expert Report), written by a bipartisan group of highly regarded experts in competition and trade policy. On May 19, 2017, the United States House of Representatives Committee...Read More

May 2017
Wong-Ervin, Koren

Problems In Proposed Changes To Vietnam's Competition Law

The Vietnam Competition Authority (VCA) is currently working on proposed amendments to the Competition Law of the Socialist Republic of Vietnam, which illustrate the need for economically sound effects-based competition analysis. Among the troubling provisions in the current draft is Chapter IV...Read More

April 26, 2017
Chen, Andy

Investigating Competition Cases In Taiwan: The Inquisitorial Principle And The Abuse Of Superior Bargaining Position

The value gained from implementing IPRs created by innovations or implementing those IPRs in collaboration with the IPRs licensed by innovators from other countries has significantly contributed to the economic development of Taiwan. However, the heavy reliance on IPRs has at the same time...Read More

Charles River Associates

Transparency, Predictability, and Efficiency of SSO-based Standardization and SEP Licensing

A recent study, commissioned by the European Commission, looks at several issues related to standardization including: “patent hold-up”, “royalty stacking”, and licensing practices. The study concludes that long-held SEP licensing practices -- whole portfolio licensing, licensing at device...Read More

Ginsburg, Douglas and Kobayashi, Bruce and Wong-Ervin, Koren and Wright, Joshua

Extra-Jurisdictional Remedies Involving Patent Licensing

This article discusses the various approaches taken thus far, as exemplified by four recent decisions: one by the FTC against Google/MMI; two by the European Commission (“DGComp”) against Motorola and Samsung, respectively; and one by China’s National Development and Reform Commission (“NDRC”)...Read More

Ginsburg, Douglas and Kobayashi, Bruce and Wong-Ervin, Koren and Wright, Joshua

Monetary Penalties in China and Japan


Recent solicitations for comments on monetary penalties in China and Japan highlight opportunities to improve the deterrent effect of antitrust law by more closely aligning penalties with economic theory and evidence. When monetary penalties are not based upon economic analysis and...Read More