06/07/2018 The High People’s Court of Guangdong issued “Working Guideline on the Trial of Standard Essential Patent Disputes”

In April 2018 the High People’s Court of Guangdong Province issued the “Working Guideline on the Trial of Standard Essential Patent Disputes (For Trial Implementation)”. The guideline consisted of five parts and 32 articles in total and was considered extensively as a comprehensive and integrated directive document in comparison with the Judge Guideline of Patent Infringement published by High People’s Court of Beijing in 2017. The guideline was formulated on the base of relevant China’s laws, regulations and judicial interpretations referring also to business and trial conventions involving standards essential patent (SEP) disputes. Although it was not a judicial interpretation and without any legal effect, the guideline would definitively play an important rule of guidance and demonstration on SEP-related issues in China. List of the five parts are

            General definitions and principles

            Civil liability termination of SEP

            Identification of SEP royalty

            Monopoly disputes

            Scope of application 

 

This guideline is applicable for the SEP lawsuit cases in ICT field, and other SEP dispute and lawsuits can reference this guideline based on their industry situations.

 

The Chinese version of this guideline can be downloaded here  http://www.gaohangip.com/article/3187.html

12/9/2017 International Symposium on Standards Essential Patent (SEP) in Beijing

Sponsored by the International Trade and Economic Cooperation Institute of the Ministry of Commerce, the International Symposium on Standards Essential Patent was held in Beijing on September 8, 2017. With wide concerns, the meeting attracted nearly 200 participants from standardization and IP stakeholders around the world.

In the first subject of the meeting, i.e. “Global Governance for SEPs”, Ms. Xu Bin, Director of the Seconded European Standardization Expert in China (SESEC) was invited to be a compere, and Mr. Bardo Schettini Gherardini, Director of the Legal Department of CEN /CENELEC, and Mr. Christian Loyau, Director of the Legal Department of ETSI, were invited to give speeches on the position of CEN / CENELEC and ETSI on SEP global governance, respectively. They highlighted the importance of seeking a balance between patent holders and patent implementers in their presentations, which will help find the best solutions for this matter. Mr. David Ringle from IEEE also introduced the revised IEEE intellectual property policy and its impacts on standardization. As the host, many Chinese SEP stakeholders, such as the National Development and Reform Commission (NDRC), State Administration for Industry and Commerce (SAIC), National Intellectual Property Office (NIPO), China Institute of Standardization (CIS) put forward their own views as well on the subject.

The participants also made sufficient communications on other subjects, including “fair, reasonable and non-discrimination (FRAND)” principles and injunctive relief, SEPs data analysis and FRAND royalty rate calculation, as well as other SEP frontier issues. Representatives from the Supreme Court, Beijing Intellectual Property Court, WTO, Ministry of Commerce, China Academy of Information and Communication Technology (CAICT), China Communications Standards Association (CCSA), Central University of Finance and Economics, and enterprises, such as Qualcomm, Ericsson, Apple, Microsoft, Sony, Huawei, ZTE, and Meizu, brought their understandings and valuable suggestions for the SEP issues, especially in the aspect of FRAND royalty rate.

24/08/2017 Standard Essential Patent International Seminar soon to open

The Standard Essential Patent (SEP) International Seminar will be held on 8 September in Beijing. the seminar will invite Chinese and foreign experts in the field of patent, standardization and anti-monopoly to discuss SEP hot spots.

Standard essential patent (SEPs) is an imporant issue concerning fair competition, industrial development as well as the growth of international trade. US and China had a long-term discussion on this issue in WTO and APEC from 2007 to 2013. Nevertheless, the problem is still becoming more prominent since 2014, and influencing the development of industries across the world.

origional text: https://mp.weixin.qq.com/s/NfvUS8i-jZG04NLqvF4qzA