The sharp drop in granting of Antisuit Injunctions by Chinese judicial authorities and the recent amendments to China’s Antimonopoly Law and related rules, suggest that China may have begun to reprioritize the Antimonopoly Law in FRAND rate-setting disputes.
Recent Translations and Comments on Laws and Cases
Translations and comments are made available on patent and trademark examination guidelines, Seed Law, Plant Variety JI, AUCL JI, and Oppo v Sharp. With regard to the SPC decision in Oppo v Sharp a question is raised concerning China’s efforts to regulate and take jurisdiction over global SEP royalty rate setting.
China’s New Blocking Statute Comes into Effect
The NPC passed China’s new blocking statute, the Anti-Foreign Sanctions Law 中华人民共和国反外国制裁法 on June 10, 2021. The Law provides support for the delegation of power to enable lower-level agencies to implement sanctions measures. As the Law is vaguely worded, State Council agencies are likely to have considerable discretion in implementing it. Of particular concern to multinational companies, the Law also covers spouses and immediate family members as well as officers of listed sanctioned entities.
IPR Abuse and Refusals to License
The US Chamber and American Chamber of Commerce (the “Chambers”) have recently made available its recent comments on the NDRC and SAIC drafts of the IP abuse guidelines to be promulgated by […]
SPC’s Annual Report Gives A Passing Nod to IP
SPC President Zhou Qiang issued his 2015 Report on the Work of the the Supreme People’s Court to the National People’s Congress recently, and IP didn’t get much of coverage. However the […]
Federal Circuit Affirms Findings of Non-Infringement and Invalidity in Interdigital 337 Appeal
In a non-precedential opinion authored by Chief Judge Prost and released today, the Federal Circuit affirmed findings of non-infringement or invalidity in the five patents asserted by InterDigital in Certain Wireless Devices with […]
Huawei/InterDigital Appeal Affirms Shenzhen Lower Court on Standards Essential Patents
One of the hot on-going disputes on IP in China and the world is the relationship between standardization and intellectual property, particularly the role of standards essential patents (SEP’s) when a licensor […]
China IPR - Intellectual Property Developments in China 