China’s recent global FRAND determination in ZTE v. Samsung has attracted attention because it valued ZTE’s SEP portfolio at nearly twice the level of a contemporaneous English court decision. This article argues that the more important issue is not the royalty rate itself, but the methodology used to measure technological contribution. The Chongqing court relied heavily on declared SEP-family shares, portfolio metrics, territorial weighting, and other quantitative indicators that are closely associated with longstanding Chinese innovation policies encouraging patent accumulation, standards participation, and portfolio expansion. By comparing the decision to earlier Chinese FRAND jurisprudence, the English Samsung decision, USPTO research, and broader debates over Chinese patent statistics, the article explores whether these metrics accurately measure technological contribution or instead reward portfolio scale and geographic concentration. The case may signal an important shift in Chinese FRAND adjudication from disputes over the meaning of FRAND to a deeper debate over how FRAND value itself should be measured.
EU Files Request at WTO for Chinese Disclosure of SEP Cases and Practices
On July 6, 2021, the European Union filed an “Article 63.3” request at the WTO requesting further information on four SEP cases in China. publication of these importance cases will benefit all parties through increased transparency and disclosure of how China has evolved its policy in this contentious area.
Across the Fault Lines: Chinese Judicial Approaches to Injunctions and SEP’s
As has been noted in the media, on April 26, 2018, the Guangdong High People’s Court (GHC) promulgated the Trial Adjudication Guidance for Standard Essential Patent Dispute Cases (the “Guangdong Guidance”). The […]
April 10 – 16, 2018 Updates
1.New Policies for Innovative Drugs in China. Premier Li Keqiang held an executive meeting of the State Council on April 12, 2018 to adopt a series of measures to encourage the importation […]
March 13 – 19, 2018 Updates
1. China’s export of IP royalties increased 311.5% in 2017 According to the statistics of the State Administration of Foreign Exchange, the volume of trade of Chinese IP royalties totaled 33.384 billion […]
