Published: 2/1/15
Publication: IAM Magazine
“In the wake of the US$975 million fine and other sanctions for anti-competitive patent licensing activities imposed on Qualcomm by the Chinese authorities earlier this month, there has been a surge in discussion about the country’s burgeoning antitrust framework and how it will impact on patent owners. While there is a feeling among many non-Chinese businesses that the system is protectionist and biased in favour of local entities, there is at least some evidence to suggest that at least parts of China’s competition regime is developing in line with other major jurisdictions.
The spotlight in recent weeks has focused on China’s competition watchdogs, but another key component of its regulatory infrastructure – particularly in relation to patents – is the Chinese court system. With that in mind, it’s worth focusing on two headline disputes that have taken place between owners and implementers of standards-essential patents (SEPs), both of which resulted in courts taking the initiative and setting fair, reasonable and non-discriminatory (FRAND) royalty rates…”