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Infotech > E-business 09 April 2021 China s regulator has imposed a fine of 18.23 billion yuan ($2.78 billion) on e-commerce giant Alibaba for alleged violation of anti-monopoly laws. The fine, the largest anti-monopoly fine ever imposed by Chinese authorities, is equivalent to about 4 per cent of the company s domestic sales in 2019. The State Administration for Market Regulation (SAMR) also directed Alibaba Group to carry out comprehensive and profound self-inspections, according to the Anti-monopoly Law, to inspect and standardise their business operations. To improve their internal law compliance system, Alibaba was asked to carry out law compliance trainings of their executives and employees regularly, and to report these relevant proceedings to government authorities. ....
How China’s new Patent Law transforms the issuance of damages Feng Zheng of Wanhuida Intellectual Property analyses how the amendments to the law could assist stakeholders claim damages and protect their patent rights Sponsored by April 14 2021 On October 17 2020, China promulgated the fourth amendment to the Patent Law (the amendment), which will become effective as of June 1 2021. Substantial changes are made in terms of patent filing and patent enforcement, among other matters. The amendment largely codifies the evolving patent practice of the Chinese judiciary, incorporating revisions that are expected to change the litigation landscape including, inter alia, raising statutory damages, introducing punitive damages and leveraging the good faith principle to address the abuse of patent rights. The article will analyse these revisions and hopefully help stakeholders navigate the changing litiga ....
Tracking the evolution of standard essential patents in China Shan Jiao of Lifang & Partners explores how standard essential patents litigation in China has evolved following recent developments in the area Sponsored by April 14 2021 lifanChina has attracted significant attention for its handling of standard essential patents (SEPs), arising from the battles over anti-suit injunctions (ASI) and anti-anti-suit injunctions (AASI), as seen in Huawei v Conversant, Samsung v Ericsson. This article provides a legislative background of the debate over SEPs in China and considers some of the key recent developments in judicial practice. Legislative background of SEP litigation in China As China is a civil law system, there are two types of sources that are binding on Chinese courts and are cited by judges in their decisions. One type is legislation and the other type is judicial interpretatio ....
On April 10, 2021, the State Administration for Market Regulation (“ SAMR”), the national antitrust enforcement agency of China, released its penalty decision against Alibaba, one of the world’s largest e-commerce companies. SAMR held that Alibaba has abused its dominant position in China’s online retail platform market by a practice called “choose one from two” – punishing merchants who operate online stores both on Alibaba and on its rival platforms or who run promotions at the same time on both platforms. Alibaba was levied a record fine of 18.2 billion CNY (approx. $2.8 billion), which represents 4% of the company’s domestic annual sales. The fine exceeds and almost triples China’s antitrust fine imposed on Qualcomm in 2015, 6.088 billion CNY, the record keeper before Alibaba. It also comes close to the amount of Google’s first antitrust ticket in the European Union for abusing its market dominance of the search engine market in 2017. ....
SOURCE / ECONOMY Rectification order to exert pressure, invigorate market: experts By GT staff reporters Published: Apr 13, 2021 09:53 PM Alibaba s headquarters in Hangzhou, East China s Zhejiang Province Photo: IC China s market regulators on Tuesday issued a one-month ultimatum to all online platforms to troubleshoot their breaches of market competition orders or face severe penalties, in what has been called an unprecedented regulatory move in the country s booming but increasingly problematic online sector. Although the mandated overhaul could put some pressure on the expansion of e-commerce in the short term, the latest rectification order will invigorate China s market economy, with internet platforms expected to end their runaway expansion over the coming month, industry observers noted. ....