1-Hour Program

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Overview

Standard essential patents are critical in many industries.  Often, companies are required, as a quid pro quo for having their technology adopted as a standard, to license that technology on fair, reasonable and non-discriminatory terms (“FRAND”).  Disputes frequently arise as to what rates qualify as FRAND, and billions of dollars may be at stake.  China's Supreme People's Court, in a recent case involving Oppo and Sharp, ruled that the country’s judges can set global FRAND licensing rates and terms.  Importantly, it also defined the conditions under which they can do so. The ruling may open the door to more Chinese cases in which parties seek global licensing rates and terms for standard essential patents, which can have a worldwide impact in determining how FRAND rates and terms will be defined.  An understanding of the current state of the law and how it’s evolving will help overseas clients prepare their arguments based on the statutory law of China for potential cases in the upcoming years.

Experts will discuss:

  • the current state of how the Chinese courts adjudicate FRAND cases (10 minutes)
  • what is to be expected in coming FRAND cases in China (5 minutes)
  • how FRAND cases in the United States compare to China (5 minutes)
  • antisuit injunctions in China and the differences in standards for SEPs (10 minutes)
  • how overseas clients can anticipate and plan for the outcomes of antisuit injunction cases in China (5 minutes)
  • how antisuit injunction cases in the U.S. compare to China (5 minutes)
  • the role of FRAND determinations in antitrust cases in China (10 minutes)
  • whether SEPs confer market power in SEP-related antitrust matters in China (5 minutes)
  • the differences and similarities in FRAND determinations in antitrust cases in the U.S. and China (5 minutes)

 

Program Level:  Update

Intended Audience:  Corporate and litigation outside and in-house counsel involved in IP and antitrust issues relating to standard essential patents and FRAND licensing

Prerequisites:  None

Advanced Preparation:  None

 

Faculty:

 

Gary M. Hnath

Mayer Brown LLP

 

Hongbin Zhang

LexField Law Offices

 

Jing Zhang

Mayer Brown LLP

 

Industries

Credit Details