The Impacts of China’s Antimonopoly Law on Foreign Investment Enterprises Operating Intellectual Property Rights

• Main Authors: Lin, Chia-Jung, 林佳蓉
• Other Authors: 劉江彬
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/18746669216502267384

碩士 === 國立政治大學 === 智慧財產研究所 === 98 === In recent years, foreign investments in China have been increasing because of Chinese Government's economic policy and global economic trends. The gradually improved investment regulations in legal system and environment attract more and more foreign capital inflows, and led China's economy to flourish. China’s antimonopoly law had effect on August 1, 2008, and had great impacts on foreign enterprises, especially in mergers and acquisitions and market power to which is contributed by the exercises of intellectual property rights. Foreign companies must consider China's special national conditions. Besides, protections of China's intellectual property rights and anti-trust legislations also exercise restraints on foreign investments in China. All countries want to develop the market in China, while the exclusive use of intellectual property rights in order to achieve a dominant market position is the most rapid means, but how the Chinese anti-monopoly law equitable to the exclusive IPR would be the key point. Foreign investors who are entering the Chinese market need to consider the main points of the authority concerned in antitrust law reviewing and punishments. From the acquisition case of Coca-Cola and Huiyuan and Microsoft case in China, this thesis attempts to draw a conclusion of what attitudes towards foreign companies Chinese Government would take in the future.In order to summarize how to balance China's anti-monopoly law and intellectual property rights for foreign mergers and acquisitions. Also, remind Taiwanese investor of business tips from the legal and business points of view.