My article on China’s Many Faces of Frand has recently been published in the European Intellectual Property Review (July 2025). Note that this article was first published by Thomas Reuters, trading as Sweet & Maxwell , 5 Canada Square, Canary Wharf, London, E145AQ and is reproduced by agreement with the publishers. For further details please see the publisher’s website. A copy for non-commercial use only is found below.

An article that sketched out many of my concerns was published by Intellectual Asset Management magazine in January 2024, https://www.iam-media.com/article/chinas-diverse-frand-translations-severely-impacting-court-decisions-home-and-abroad.

I calculated hundreds of potential variants in FRAND translations based on various translations already used by China’s courts. Many of these translations currently in use impose new meanings on FRAND, such as by substituting “and/or” for “and”, referring back to China’s civil code, or referencing a statement of a Tang dynasty philosopher to elucidate what constitutes “non-discrimination.” I also discussed the inherent ambiguities of FRAND in English and the challenges faced by many foreign governments and courts in translating the term.

I am thankful to the lawyers, linguists and friends throughout the world for their guidance on this article. I alone am responsible for any mistakes.

I welcome your thoughts on the appropriate translations of FRAND into Chinese or any other language, and the different meanings that may be imposed!