| Online: | |
| Visits: | |
| Stories: |
| Story Views | |
| Now: | |
| Last Hour: | |
| Last 24 Hours: | |
| Total: | |
China Antitrust: The Practioner’s Guide
I began my legal career as a big firm antitrust lawyer and I have remained interested in the topic ever since. So when the good folks over at big firm Sheppard Mullin offered me a chance to review a China antitrust book by one of their China lawyers, Becky Koblitz, I jumped at the chance. Truth is that serious books in English on Chinese law are few and far between these days. And this is a serious book. But not unenjoyable either.
Doing business in China? Get this book.
The book is The Practitioner’s Guide to Antitrust in China and (not surprisingly) that is exactly what it is. It is much more geared towards the practicing lawyer/in house general counsel than to the law student or academic.
The book does an exceptional job covering China’s anti-monopoly laws and putting them in their practical context. As a small firm that represents mostly SMEs or multinationals on specialized China matters, my firm is not going to be doing much big-time antitrust work in China. But, we constantly handle intellectual property rights issues and the book contains an excellent chapter on intellectual property and that chapter includes the following sections:
CHAPTER 7 Intellectual Property 127
§7.01 Background 127
- [A] Intellectual Property Rights in General 127
- [B] IPR and Antitrust Law 128
- [C] Intellectual Property Law in China 129
§7.02 IPR and Antitrust in China under the AML 130
- [A] AML 130
- [B] SAIC Rules 131
- [C] AML and the Patent Law 132
- [D] Other Legislation 133
§7.03 How IPR Have Been Dealt with When the AML Is Enforced 133
- [A] MOFCOM 133
- [B] Civil Action: Huawei v. InterDigital 136
- [C] Government Investigations 137 [1] InterDigital 137 [2] Qualcomm 138
§7.04 Putting Things in Perspective
I put the above in here as it is representative of how nicely arranged each chapter is and of how most of them conclude with a section entitled “putting things in perspective,” which does exactly that.
The China attorneys at my firm also surprisingly often deal with Chinese unfair competition matters and the book covers that quite well too. Management and legal counsel for foreign companies operating in China or even just doing business with China should do what they can to keep up with China’s fast-paced antitrust developments and this book is the best out there for doing exactly that. It is clearly written and reads well. I mostly skimmed it from beginning to end, to get a quick overall sense of the issues, figuring that I could always return to it when a client next comes to us with a relevant issue. Of course, in the end we must go to the laws and the cases in Chinese for a deeper dive but this book serves as an excellent and fast gateway towards that.
If you are an English speaking lawyer involved with China, you should get this book, read it (quickly is fine) and then keep it nearby.
The post China Antitrust: The Practioner’s Guide appeared first on China Law Blog.
We will be discussing the practical aspects of Chinese law and how it impacts business there. We will be telling you what works and what does not and what you as a businessperson can do to use the law to your advantage. Our aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.
Source: http://www.chinalawblog.com/2015/09/china-antitrust-the-practioners-guide.html
