Eppenauer Explores Antitrust Regulation of IP Licensing in Asia

In an article on IPWatchdog, Shook Seattle Managing Partner Bart Eppenauer details emerging intellectual property issues in Asia, focusing especially on antitrust regulations enforced against Standards Essential Patents (SEPs). 

"Both Korea and China are major players on the global patent stage, and the leading companies of these countries file and obtain thousands of patents annually," he explains. "But it seems increasingly clear that the governments of these countries are attempting to support their domestic companies via antitrust enforcement to lower the price of access to patented technologies of foreign competitors." Eppenauer offers a roundup of antitrust enforcement in both countries, noting the relevant provisions in each country's laws.

"While the scope and breadth of these changes in practice is unknown at this initial stage," Eppenauer writes, "it should be recognized that significant expansions in regulatory scrutiny of IP holders could have a chilling effect on incentives to innovate and collaboratively advance technology over the long term."